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  1. #1

    Default California Easement Rights

    We live in Herald Calif. out in the county on acreage. We have an easement (20 ft) that crosses the three adjoining properties to the east of us. This easement services a total of five property owners, plus the first owner. The owner of the eastern most property (the first property that we cross) is having a problem with the middle landowner over his speeding through her part of the easement. There is no mutual maintenance agreement associated with these easements.

    The first landowner is under the impression that she controls (in total?) the rights to her portion of the easement. To include posting a speed limit and not permitting me to fill the numerous potholes.

    1. Does she have any right to post and enforce a "reasonable" speed limit?
    2. How could she best enforce any legally posted speed limit?
    3. Do I have (or any of the other legal users of the easement) any rights
    to maintain the easement?

  2. #2
    Join Date
    Dec 2008
    Posts
    629

    Default Re: California Easement Rights

    Quote Quoting Herald Ca. Landowner
    View Post
    3. Do I have (or any of the other legal users of the easement) any rights
    to maintain the easement?
    I use a ROW in NY to get to my house and it's my understanding that I have the right to maintain the ROW to keep it in passable condition. I can't pave without permission of the landowner. But as far as filling holes of having new gravel laid down I don't need their permission.

    How is the landowner blocking your filling of the potholes, did she just tell you not to fill them or is she physically blocking you from filling them, does the unfill them after you fill them in? She probably wants to keep the holes there as speed bumps to slow people down.

    I would just go ahead and fill the holes. If the owner says anything then just tell them to call the cops as you have the right to keep YOUR ROW passable which includes filling holes.

    Most times the problem with maintenance of a ROW when there is no written agreement is who pays and what if someone does not want to pay. For instance, snow removal. If the second house in from the street has 4x4 vehicles and does not want to pay for plowing, then it gets to be a problem if the others want it plowed.

  3. #3

    Default Re: California Easement Rights

    Yes, she just keeps telling me that I have no right to fill the pot holes. She doesn't try to stop me, just keeps telling me that I have no right to fill them. And yes, she is using the holes as defacto speed bumps to slow one of the neighor down. I just wanted to get some kind of legal idea as to who has what right to do what.

    Thanks for the replay

  4. #4
    Join Date
    May 2009
    Posts
    9

    Default Re: California Easement Rights

    I have a related question: I am the land owner, my neighbor has easement through my driveway to access her property. do I have the right to put in a gate (to prevent wildlife and many unauthorized access), as long as I gave my neighbor a remote/key to access the driveway ? thanks.

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: California Easement Rights

    1. Does she have any right to post and enforce a "reasonable" speed limit?
    As it appears that she is the servient tenant, she does not have an enforceable opinion as to a speed limit.

    2. How could she best enforce any legally posted speed limit?

    See answer to #1

    3. Do I have (or any of the other legal users of the easement) any rights to maintain the easement?

    You probably have a right to maintain the easement for it's original deeded purpose. That would include maintaining the grade for drainage and filling potholes.

    Get the opinion of a local real estate attorney before proceeding further.

  6. #6

    Default Re: California Easement Rights

    Thanks for the input.

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