Results 1 to 9 of 9
  1. #1
    Join Date
    May 2007
    Posts
    5

    Default Planting On An Easement in California

    Four neighbors share a common drive with an easement for utilities. A fifth neighbor at the bottom of the hill has planted trees on the easement causing sewer and water pipe damage. What are our rights?
    Also, if trees outside the easement also cause damage is there anything we can do about it?

    Thank you
    Cnythia in California

  2. #2

    Default Re: Planting On An Easement in California

    You need to get a professional to document that the trees are the problem and need to be removed. Then notify the neighbor to cut down the trees or pay for the cost of installing ductile iron piping through the area in question.

  3. #3
    Join Date
    May 2007
    Posts
    5

    Unhappy Planting on an easement - part2

    We have replaced all our water lines and much of the sewer on our 180 foot private drive. The old lines were there over 30 years. They will pour the concrete next week.
    We have asked the neighbor at the bottom of the hill to remove his trees.
    He is a commissioner (of what I don't know) and works at city hall. He says since our water pipes are new (they connect to the 4 water meters on his property) he can have them removed. He inquired about our permits and indicated he had the power to change them. Now all the other neighbors are so frightened they have told us to back off. I am angry and my husband wants to move.
    Cynthia in California

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Planting On An Easement in California

    well it is up to you to fight a dishonest politician or not.

    as long as the permits were legally purchased, if this guy wants to change things, he is opening himself up to claims of loss by each of the permit holders that are damaged.

    as lpat stated, you will need proof the plantings caused the damage.

    as far as ductile iron pipes; I doubt you will gain any ground here. It's not generally used since the advent of PVC pipes. It is actually more susceptable to damage from freeze cycles than PVC if you have ground freeze.

    as to the meters on his property; is there an easement for them to be there? If so, the guy is pretty much blowing smoke up...well, I'm sure you get the idea.

    Now, he can cause you some problems though. If he wants to fight all of this, you would have to defend it to prevent him from winning by default so you have to consider that.

    and to the plantings outside the easement causing problmes; explain how this would happen. If the roots migrate, then yes, he may be able to be held liable for the problems but it is not a definate thing.

  5. #5
    Join Date
    May 2007
    Posts
    5

    Default Trees in easement

    I misquoted. The commissioner said our permit didn't matter as he could change the easement title. Is he still blowing smoke? If he is I will write the mayor and the newspaper if necessary. I don't like being bullied by a commissioner - it feels llike a third world country!

    Thank you for your replys.
    Cynthia

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

    Default Re: Planting On An Easement in California

    if the easement is a recorded non-revocable dedication, the commish cannot change that unless he is willing to break the law to do so.

    Is the easement recorded either in your deed or as an accompanying document with your deed?

    Does it state it is revocable for a given reason? or even for no reason?

    It sounds like this guy us on a power trip to me. Just be sure of your position before you pull the trigger. As they say, "you can't unring the bell"

    you may want to consult a local attorney for the most accurate info available to you. This forum, while it may give you direction, in no way replaces actual legal advice.

  7. #7
    Join Date
    May 2007
    Posts
    5

    Default Re: Planting On An Easement in California

    The easement is recorded in our deed but does not say if it is revocable or not - -"an easement for the purpose shown below and rights incidental thereto as set forth in a document" and it gives a document and page of official records - so I guess I have to read the document.
    Thank you

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Planting On An Easement in California

    I doubt the grant is revocable. some include verbiage to make it clear it isn't. some are silent to the fact but are obvious from thier intent as to the continous allowance of use.

    if there are no allownaces for termination of the grant, i would suggest it is not revocable, at least without court action and a court will not revoke a grant without justification. This guy doesn;t seem to have any. As a matter of fact, it appears he is taking his stance to intentionally cause distress.

    Don;t know about the specific laws in you state/area but using ones position for such use is often grounds for a civil suit on its own as well as possible removal from office.

    I would speak with an attorney as to the actions available to you.

  9. #9
    Join Date
    May 2007
    Posts
    5

    Default Re: Planting On An Easement in California

    Thank you for your help

    1. Sponsored Links
       

Similar Threads

  1. Utility Easement and Tree Planting
    By confoosed in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 06-23-2011, 11:05 PM
  2. Planting Dispute on Easement in California
    By momshelper in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 08-18-2010, 05:56 PM
  3. Planting on Propery Line
    By Surgtek in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 03-23-2009, 11:04 AM
  4. Hostile Neighbor Planting Trees In Easement In Tennessee
    By Aggie'nTN in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 03-06-2008, 05:19 AM
  5. Planting Trees On Utility Easement In Tennessee
    By Aggie'nTN in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 03-05-2008, 03:43 PM
 
 
Sponsored Links

Legal Help, Information and Resources