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  1. #1

    Default Neighbor is Not Watering Plants on Their Access Easement

    My question involves an easement in the state of: California

    My neighbor has a flag lot behind us which has an access easement along the side and back of our property. According to our deed this neighbor is responsible for maintenance of the easement. The current owner of the lot (they bought the property about a year ago) has stopped maintaining (watering) the landscaping on the easement. The landscaping has been in place for many years, it appeared to be well established when we bought our property 10 years ago. The landscaping consisted of tall oleander bushes and privet privacy hedges. First they removed most of the oleander bushes and then they stopped watering the hedges. We don't have access to the watering system for the hedges as it is on their property. The hedges helped to block the sound, view and dust from the driveway. We reminded/informed them verbally that they needed to water it and they have ignored us. What recourse do we have to get them to water the hedges?

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Easements

    You don't unless the easement requires them to maintain the landscaping. The land is yours, you're free to landscape it as long as it doesn't preclude the terms of the easement.

  3. #3

    Default Re: Easements

    Thanks for your speedy reply! The terms of the easement includes that they have to maintain the landscaping.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Easements

    Send them a letter telling them that the easement requires them to maintain the landscape and they need to water the plants.
    If they ignore it, you can take them to court.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
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    17,019

    Default Re: Neighbor is Not Watering Plants on Their Access Easement

    Of course they can always remove everything as part of the maintenance.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Neighbor is Not Watering Plants on Their Access Easement

    Quote Quoting Disagreeable
    View Post
    Of course they can always remove everything as part of the maintenance.
    maybe, maybe not.

    I can't say I have heard of a requirement of the dominant tenant to maintain the landscaping since they do not generally have a right to do any landscaping and the servient tenant does. If this easement is this specific and far reaching, there may be something else that would not allow them to remove the flora in place when they bought the easement rights.

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