Easement granted to neighbor-liability waiver?

[kanzi]

What is the name of your state (only U.S. law)?

Question (1) My property is in California. I have granted easement through my property to a neighbor. Can I ask them to sign a liability waiver that will be legally binding?

Question (2) A tree on my property fell on another neighbor's cars which were also parked on my property. The parking area they used is at the top of an easement that they have prescriptive use of. They are the exclusive users of this easement and parking areas and have maintained it--graded and graveled it for many years. They also installed a gate across it, and while it is not often locked, they are the only holders of the keys. The tree that fell on the cars was clearly dead, and that neighbor asked to cut it 5 years ago recognizing this, saying it would fall on something someday. I said yes, cut it, and keep half the wood for your efforts. He didn't cut it. How strong are assumption of risk, and also exclusive use as defenses against liability for damage to their cars.

Thanks!

 

[justalayman]

Question (1) My property is in California. I have granted easement through my property to a neighbor. Can I ask them to sign a liability waiver that will be legally binding?

Sure. it will be legally binding on the items you would not have been liable for anyway. You are not going to be able to have them release you from all liability.

Question (2) A tree on my property fell on another neighbor's cars which were also parked on my property. The parking area they used is at the top of an easement that they have prescriptive use of. They are the exclusive users of this easement and parking areas and have maintained it--graded and graveled it for many years. They also installed a gate across it, and while it is not often locked, they are the only holders of the keys. The tree that fell on the cars was clearly dead, and that neighbor asked to cut it 5 years ago recognizing this, saying it would fall on something someday. I said yes, cut it, and keep half the wood for your efforts. He didn't cut it. How strong are assumption of risk, and also exclusive use as defenses against liability for damage to their cars.

assumption of risk? It was your risk to not cut it down, not for the other car to be parked there. You new it was dead and even agreed to allow the neighbor to cut it. He was not obligated to cut your tree but you were obligated to have it removed. Since the neighbor failed to cut the tree, you needed to hire a tree cutter to take care of the sitiuation and failed to do so so you are liable.