California
My family's home is situated ~700' up a ~10% grade on a rectangular parcel ~300' x 1000' that we own (lot 4). There is an existing ingress/egress easement for the benefit of my neighbor (lot 6)
whom is unilaterally controling the easement property as if it were her own.
Specifically, the recorded "Reservation Easement Agreement" states "...reserve a non-exclusive easement for ingress and egress over parcel 4 in favor of parcel 6...". Attached Plot map shows the easement line labeled "Centerline of 20' wide private access easement for the benefit of lot 6 & (the private water co. serving our parcels) per this map". Lastly, attached Exhibit "A" describes "...ALSO EXCEPTING AND RESERVING THEREFROM a non-exclusive easement appurtenant to Lot 6 of Tract Map XXXX, the Dominant Tenement for use, enjoyment, ingress, egress, support, maintenance, drainage, utilities, upon, over, under and across all that certain property lying within Lot 4 and designated on the MAP as "20' WIDE ACCESS EASEMENT FOR THE BENEFIT OF LOT 6"...". (1) What are our rights, responsibilities and control of this property that we own, and conversely what are the rights, responsibilties and control of the easement holder (dominant tenement)?
Approximately 3 years ago an asphalt driveway was placed of which the first ~700' costs were shared, whereas the last 300' beyond my home and to Lot 6, was paid for exclusively by Lot 6. In order to spare some beautiful old oak trees, this driveway was placed in the easement with slight deviation of sections for the protection of the oaks. My neighbor (Lot 6 ) plans, but has not permitted a legal second dwelling on her parcel. Before final occupancy, she must widen the shared driveway by 4' pursuant to the Fire Dept..
Where the problem arises; Lot 3 (good neighbor) allowed Lot 6 neighbor to cut down some large pine trees in order to allow the driveway to widen in his direction and not damage the oaks. Last month Lot 6 neighbor cut down his (Lot 3 ) trees then a month later, without notice or warning, cut down two beautiful old oaks on my property (but within her easement) and severely trimmed two more that may subsequentally die. She has stated that she has the right to "mow" (destroy) everything within the 20' easement. (2) Does she have a right in the easement to cut and remove trees without discussion or my (owner) involvement?
The next thing that I believe she will do, is without notice alter and widen the driveway with 4' of asphalt. The water runoff from the driveway, near my home, flows into drains in order to protect my home and front yard. (3) If she indiscriminately and without consultation alters the water flow, is she responsible for correcting it, and if so, how do I enforce it?
(4) If in her belligerence she opts to not participate financially in the recommended every other year "fog seal" maintenance of the shared driveway, what are our options to illicit her financial assistance and is the prorated costs based upon usage an equitable division?
She and her guests have historically driven up and down the driveway like the "autobahn" (40+ mph). We have three young children and their friends at play and are very concerned for their safety and our liability for the excessive speeds. To no avail, we talked to her about speed reduction and then finally, with notice we placed two 15mph speed limit signs that (other than irritating her) impacted the driving speeds minimally. After she paves over our signs, we would like to replace the signs and place speed bumps. (5) Can we place speed bumps within her easement (but on our property) without regard for the party that paid for the section of the road?
(6)How many speed bumps can be reasonably placed, and how do we keep her from later removing them?
Thank you for your time and kind information with this belligerent neighbor in an otherwise wonderful neighborhood. V & A
My family's home is situated ~700' up a ~10% grade on a rectangular parcel ~300' x 1000' that we own (lot 4). There is an existing ingress/egress easement for the benefit of my neighbor (lot 6)
whom is unilaterally controling the easement property as if it were her own. Specifically, the recorded "Reservation Easement Agreement" states "...reserve a non-exclusive easement for ingress and egress over parcel 4 in favor of parcel 6...". Attached Plot map shows the easement line labeled "Centerline of 20' wide private access easement for the benefit of lot 6 & (the private water co. serving our parcels) per this map". Lastly, attached Exhibit "A" describes "...ALSO EXCEPTING AND RESERVING THEREFROM a non-exclusive easement appurtenant to Lot 6 of Tract Map XXXX, the Dominant Tenement for use, enjoyment, ingress, egress, support, maintenance, drainage, utilities, upon, over, under and across all that certain property lying within Lot 4 and designated on the MAP as "20' WIDE ACCESS EASEMENT FOR THE BENEFIT OF LOT 6"...". (1) What are our rights, responsibilities and control of this property that we own, and conversely what are the rights, responsibilties and control of the easement holder (dominant tenement)?
Approximately 3 years ago an asphalt driveway was placed of which the first ~700' costs were shared, whereas the last 300' beyond my home and to Lot 6, was paid for exclusively by Lot 6. In order to spare some beautiful old oak trees, this driveway was placed in the easement with slight deviation of sections for the protection of the oaks. My neighbor (Lot 6 ) plans, but has not permitted a legal second dwelling on her parcel. Before final occupancy, she must widen the shared driveway by 4' pursuant to the Fire Dept..
Where the problem arises; Lot 3 (good neighbor) allowed Lot 6 neighbor to cut down some large pine trees in order to allow the driveway to widen in his direction and not damage the oaks. Last month Lot 6 neighbor cut down his (Lot 3 ) trees then a month later, without notice or warning, cut down two beautiful old oaks on my property (but within her easement) and severely trimmed two more that may subsequentally die. She has stated that she has the right to "mow" (destroy) everything within the 20' easement. (2) Does she have a right in the easement to cut and remove trees without discussion or my (owner) involvement?
The next thing that I believe she will do, is without notice alter and widen the driveway with 4' of asphalt. The water runoff from the driveway, near my home, flows into drains in order to protect my home and front yard. (3) If she indiscriminately and without consultation alters the water flow, is she responsible for correcting it, and if so, how do I enforce it?
(4) If in her belligerence she opts to not participate financially in the recommended every other year "fog seal" maintenance of the shared driveway, what are our options to illicit her financial assistance and is the prorated costs based upon usage an equitable division?
She and her guests have historically driven up and down the driveway like the "autobahn" (40+ mph). We have three young children and their friends at play and are very concerned for their safety and our liability for the excessive speeds. To no avail, we talked to her about speed reduction and then finally, with notice we placed two 15mph speed limit signs that (other than irritating her) impacted the driving speeds minimally. After she paves over our signs, we would like to replace the signs and place speed bumps. (5) Can we place speed bumps within her easement (but on our property) without regard for the party that paid for the section of the road?
(6)How many speed bumps can be reasonably placed, and how do we keep her from later removing them?
Thank you for your time and kind information with this belligerent neighbor in an otherwise wonderful neighborhood. V & A
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