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  1. #11
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    Nov 2013
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    Default Re: Neighbor Overburdening an Access Easement by Storing His Dumpster on It -update 1

    What you should do now is to back off. You have achieved your goal and dumpster is no longer in your view.

    Question A: My understanding is that he can't do anything to block the private road that is within the easement, is that correct?
    It doesn't sound like the dumpster is blocking anything on a 40 foot wide ROW.

    Question B: If yes, my understanding is that it does not matter that that particular part of the easement is not used for me and/or anyone else for egress to my property - the easement & private road end at his property, and I travel in the other direction on the driveway to get to the county road - is that correct? If it matters, I have seldom used that portion of the private road in the past out of respect for his property rights and privacy, however now I do want the ability to walk down there with my family and dog, for example.
    If the dumpster doesn't hamper your ingress/egress, then what is your concern? You seem to be on a bit of a power trip from your success. Remember that you have to live with your neighbors for as long as you live there.

    Let it go.

  2. #12
    Join Date
    Oct 2016
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    9

    Default Re: Neighbor Overburdening an Access Easement by Storing His Dumpster on It -update 1

    Quote Quoting budwad
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    What you should do now is to back off. You have achieved your goal and dumpster is no longer in your view.
    Thanks for the quick reply and advice, however I didn't say I wanted to do anything else, I said "I'm curious about what my legal rights are now..." - isn't intellectual curiosity a big reason people participate on this site? When I bought my property, I thought it was odd that my easement went past my property and all the way down to his property, so I asked my surveyor about that and he replied, "that's typical, because the developer rather write (pay for) just one description of the private road easement rather than pay for a separate written description for every parcel in the subdivision", so given that the reason for doing that was "laziness / trying to save money", I've always wondered what my actual legal rights were to the easement past my property boundaries.


    Quote Quoting budwad
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    It doesn't sound like the dumpster is blocking anything on a 40 foot wide ROW.
    Not sure how you got that, as I wrote that the dumpster is actually in the road, so it is blocking that portion of the road, no? Also, and to further clarify, you may not have seen this part because I edited my post to add it to my item 2: "(because of the topography in that area, the road is cut into a mountain leaving a steep uphill on one side and a steep downhill on the other side, so there is no level area on either side of the asphalt road to place the dumpster. Also, because the dumpster neighbor refused to open his gate and allow the driver to bring the dumpster back on to their fee parcel.)"



    Quote Quoting budwad
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    If the dumpster doesn't hamper your ingress/egress, then what is your concern?
    Again, as I wrote: I'm curious what my rights are, AND, I want to know if I can walk my dog on my easement past my property, for example.

    Quote Quoting budwad
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    You seem to be on a bit of a power trip from your success.
    I understand how you could get that impression, however I'm pretty certain this whole thing isn't over yet - he's not going to tolerate the dumpster in the road leading up to his expensive estate - so I'm trying to anticipate what might happen next and be prepared for it.


    Quote Quoting budwad
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    Remember that you have to live with your neighbors for as long as you live there.

    Let it go.
    Thanks for the very reasonable advice (and I offer that that could be rewritten as, "you have to live with your neighbor as long as THEY live there" ), but unfortunately that ship has sailed...this guy has been a rude bully from the day we met, and despite my efforts over the last 2 years to show that I'm an asset to the community by fixing up my owned and rented property and cutting brush and fixing the asphalt along the shared private road, he has recently gone way out of his way to try to make my life difficult and interfere with my legal use and enjoyment of my property by filing a complaint with the county, prior to talking to me, about his concerns about the legality of my development plans (per my reference to the "hostile letter on another matter" in my original post).

    He made that complaint and wrote me that hostile letter despite the fact that he KNOWS (he's a real estate broker) that his development of his own property is HIGHLY illegal, as follows: he has fully developed a 2 acre Open Space Easement on his property into an equestrian facility, by clearing almost all of it (everything except the trees), building retaining walls, a pond and spillway, horse shelters and pastures, riding arena, roads, etc.

    If I wanted to exercise any power, I'd file a complaint regarding that, so I feel like I'm acting with more than a little restraint here.

    Lastly, many thanks for your input, I sincerely appreciate the opportunity to converse and to clarify my thoughts, motivations and goals, and learn from the contributors here.

  3. #13
    Join Date
    Jan 2006
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    38,867

    Default Re: Neighbor Overburdening an Access Easement by Storing His Dumpster on It -update 1

    I suggest you read the granting documents. It most
    likely says you have a right of ingress and egress (and maybe utilities). Since this is beyond your property, as in your ingress/egress is not being infringed upon, you have no legal standing to object how the easement is used beyond your property.

    Quote Quoting Drewdaman
    View Post
    I want to know if I can walk my dog on my easement past my property, for example.
    not unless the grant affords you that right. As I read your description the area now involved is beyond any point you have a legal claim to. As such you have no right to say anything about what happens in that area.

  4. #14
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    Oct 2016
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    9

    Default Re: Neighbor Overburdening an Access Easement by Storing His Dumpster on It -update 1

    Quote Quoting jk
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    I suggest you read the granting documents. It most likely says you have a right of ingress and egress (and maybe utilities). Since this is beyond your property, as in your ingress/egress is not being infringed upon, you have no legal standing to object how the easement is used beyond your property.

    not unless the grant affords you that right. As I read your description the area now involved is beyond any point you have a legal claim to. As such you have no right to say anything about what happens in that area.
    Thanks JK, I appreciate your input - and here is the language in my deed from my original post, I'm not aware of anything else that describes this private road easement.

    "An easement and right of way for road and public utility purposes over, under, along and across that portion of Parcel Map No. xxxx, in the County of San Diego, State of California, as filed in the Office of the County Recorder of San Diego County, April xx, 1976 as File No xx-xxxxxxx of Official Records, being designated and delineated as “Proposed 40’ Private Road Easement”.

    So my granting language doesn't include the words "ingress and egress", it just says "for road and public utility purposes". And to clarify my description, I think your understanding is accurate - the easement runs about 600 feet past my property to a dead end at the neighbors property, in the opposite direction of the nearest county road.

    Question C: Given the granting language above, is my legal standing dependent on the minimum requirements for ingress and egress to my property, even though the granting language does not include those words?

    Question D: Given that the granting language includes the words "for road...purposes", if I use that 600 foot section for road purposes by walking my dog on it, is that allowable?

    Thank you.

  5. #15
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    Jan 2006
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    38,867

    Default Re: Neighbor Overburdening an Access Easement by Storing His Dumpster on It -update 1

    The use of an easement, lacking a specific description, generally falls to the intent of the grantor for definition. Unless you can question the original grantor you may never know the grantors intent. Since there is no need for you to travel beyond your property to enjoy full use of what such an easement was created for, barring specific permission from the servient tenant, I suspect you may be able to be prohibited from using the easement beyond your property.

    Basically, unless you want to argue the point in court and pay the generally high cost of such litigation, you might not want to challenge the neighbor if told to stay off the portion beyond your property.

  6. #16
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    Oct 2016
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    Default Re: Neighbor Overburdening an Access Easement by Storing His Dumpster on It -update 1

    Thanks for that information jk, I appreciate it.

  7. #17
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    Default Re: Neighbor Overburdening an Access Easement by Storing His Dumpster on It -update 1

    I have to disagree with JK on the use of the road beyond your property. As OP has indicated, this road easement was established by a recorded subdivision plat and as such, every owner of property in the subdivision has the right to use the entire road.

    (1) "It is a thoroughly established proposition in this state that when one lays out a tract of land into lots and streets and sells the lots by reference to a map which exhibits the lots and streets as they lie with relation to each other, the purchasers of such lots have a private easement in the streets opposite their respective lots, for ingress and egress and for 1382*1382 any use proper to a private way, and that this private easement is entirely independent of the fact of dedication to public use, and is a private appurtenance to the lots, of which the owners cannot be divested except by due process of law. [Citations.]" (Danielson v. Sykes (1910) 157 Cal. 686, 689 [109 P. 87].)

    "When a lot conveyed by a deed is described by reference to a map, such map becomes a part of the deed. If the map exhibits streets and alleys it necessarily implies or expresses a design that such passageway shall be used in connection with the lots and for the convenience of the owners in going from each lot to any and all the other lots in the tract so laid off. The making and filing of such a plat duly signed and acknowledged by the owner, ... is equivalent to a declaration that such right is attached to each lot as an appurtenance. A subsequent deed for one of the lots, referring to the map for the description, carries such appurtenance as incident to the lot." (Id., at p. 690; see also Hocking v. Title Ins. & Trust Co. (1951) 37 Cal.2d 644, 650 [234 P.2d 625, 40 A.L.R.2d 1238] ("It is established law in this state that the title to such a lot embraces an easement to use all of the streets disclosed on the subdivision map....") and Petitpierre v. Maguire (1909) 155 Cal. 242, 246-247 [100 P. 690].) This rule applies regardless of whether the city or county has ever accepted the right-of-ways laid out in the map, and whether or not the right-of-ways have ever been opened or used as streets or highways. (Petitpierre v. Maguire, supra, 155 Cal. at p. 248.) Furthermore, the right to an easement created in this manner cannot be lost by mere nonuse, nor because the easement is not necessary for access to the dominant tenement. (Id., at p. 250.)
    3b) Here, each owner in the subdivision has the right to use every other owner's property to travel both within and through the subdivision. The easement enjoyed by each owner, which consists of the entire network of streets set out in the subdivision map, is not only appurtenant to that owner's particular lot, but is appurtenant to every lot in the subdivision, (see Moylan v. Dykes, supra, 181 Cal. App.3d 561, 573), and conversely every lot in the subdivision is burdened by every other lot owner's right to use it. (See ibid.) In other words, each owner enjoys an easement which is not simply an easement over an abutting owner's land, but which is an easement over the land of nonabutting owners; the whole of the subdivision is in essence the servient tenement to each lot, and each lot is servient to every other lot. This being so, there can be no merger unless there is common ownership of the entire subdivision; such common ownership never occurred.
    http://scholar.google.com/scholar_ca...29085067975364

  8. #18
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    Oct 2016
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    Default Re: Neighbor Overburdening an Access Easement by Storing His Dumpster on It -update 1

    Thank you Budwad, I appreciate the input you've provided.

    And as a (hopefully) final update, the dumpster neighbor moved some fill and created a small pad closer to his property and had the driver place the dumpster there. The new dumpster location is still in the shared easement but is now off the asphalt road and is out of my view from anywhere on my property, so I'm very pleased with this outcome.

  9. #19
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    Oct 2006
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    Default Re: Neighbor Overburdening an Access Easement by Storing His Dumpster on It -update 1

    Quote Quoting Drewdaman
    View Post
    Thank you Budwad, I appreciate the input you've provided.

    And as a (hopefully) final update, the dumpster neighbor moved some fill and created a small pad closer to his property and had the driver place the dumpster there. The new dumpster location is still in the shared easement but is now off the asphalt road and is out of my view from anywhere on my property, so I'm very pleased with this outcome.
    Its sounds like a good end result, particularly since it seems like a permanent result that won't be changing in the near future. However, I just wanted to throw in my 2 cents that I agree with Budwad on this one. It does appear that all of the subdivision owners are entitled to use the entire road.

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