Regarding ingress/egress/UTILITY easement in California (details follow questions):
1) Can THEY INSIST we REMOVE our trees?
2) Should WE participate in the COST of repairing THEIR water pipe leaks, likely related to root damage? (Contributing factors: their pipes are not deep enough and poorly planned installation.)
3) If they end up needing to tear up the blacktopped road to fix their pipes at some point, who is responsible for the cost of repairing the road and blacktop?
Our property is a flag lot -- we own the road that leads to our property (the road being the flag's "pole"). Two homes further up the road have easements on the road for ingress/egress and utilities (the road wraps around two sides of our property after you come up the "flagpole" strip of road and the trees only affect the "flagpole" so the questions also apply to the last 75% of the road in which trees are NOT an issue). Our water line runs along side the road (flagpole). The original owner planted trees in the 40s right ON OUR water line. Its a problem we know we must deal with for OUR home. We had heard from the previous owners that the other two homes' waterlines run up the center (or therabouts) of the road, which is blacktopped. We've had several pipe leaks we've had to fix over the 12 years we've been here. (OUR pipes are 70 years old and right under the trees). The other day one of our neighbor's pipe's burst. It appeared to be caused by a large root. Now we know where their pipe is -- it runs up the tree line for a distance then takes a bend to then run under the road (a foot or so into the blacktopped portion). We also learned that their pipe is only a few inches below the surface. (generally pipe under a road should be 18 inches deep, I believe). There was no apparent reason the pipe took an "L" at that point -- an "L" with the water under pressure is a sort of weak point -- over time that is where a leak would be more likely to occur than a straightaway. (In this case it's probably the root, but their pipes may have had a less-than-professional installation. And they are nearly 40 years old. The other easement grantee's pipes are still unlocated but are likely near the one we just uncovered -- both of the homes up the road were built in the 70s.
We have a friendly relationship with them and I'm sure we will work collaboratively. But it could get awkward. They are less educated on issues of this sort. (i.e. They were surprised to learn that THEY are responsible from the main service to their house and not the water company.) I need to know our rights and responsibilities, as well as theirs.
Obviously we need to cut -- and give permission to cut -- any roots that damage pipes. They are wondering if the trees should come out. We don't really want to REMOVE the trees but will be reasonable and in the end it might just be what has to happen. (It will look awful without them.) This could be expensive and since it is OUR property and we DON'T have a road association I'm certain that would fall on us. I'm not sure if we could just say NO we want our trees to stay if they create pipe damage -- or seemingly so. Neither they nor we are sitting on piles of money.
Unless we arrange a deal -- ie a road assoc. either temporary for certain projects or permanently -- can they MAKE US remove the trees at OUR EXPENSE entirely?
If they get another leak, I still believe it is their responsibility to get it fixed. (My husband did the labor on their repair the other day because he was much more knowledgeable than they. They bought the parts -- less than $20. It would have been something like $200 - $400 based on our previous plumber's estimates for similar repairs.) Remember their pipe is like 8" below the road at most so driving on the road could stress the pipes, and their pipes take unexplained turns and seem strangely planned aside from our roots.
We will do everything we can to keep it friendly, and WE will do MORE than is required of us, but we do need to know what we must do by law versus what we do "to be nice" (and protect our property, since in the end, it is all still OUR property -- we will be deeply involved no matter what -- for protection and liability -- which I am also unsure of: OUR LIABILITIES to the neighbors and their guests, deliveries, etc. as they traverse our property while using the road.)
(I began this inquiry with my specific questions -- see above.) THANKS!!!
1) Can THEY INSIST we REMOVE our trees?
2) Should WE participate in the COST of repairing THEIR water pipe leaks, likely related to root damage? (Contributing factors: their pipes are not deep enough and poorly planned installation.)
3) If they end up needing to tear up the blacktopped road to fix their pipes at some point, who is responsible for the cost of repairing the road and blacktop?
Our property is a flag lot -- we own the road that leads to our property (the road being the flag's "pole"). Two homes further up the road have easements on the road for ingress/egress and utilities (the road wraps around two sides of our property after you come up the "flagpole" strip of road and the trees only affect the "flagpole" so the questions also apply to the last 75% of the road in which trees are NOT an issue). Our water line runs along side the road (flagpole). The original owner planted trees in the 40s right ON OUR water line. Its a problem we know we must deal with for OUR home. We had heard from the previous owners that the other two homes' waterlines run up the center (or therabouts) of the road, which is blacktopped. We've had several pipe leaks we've had to fix over the 12 years we've been here. (OUR pipes are 70 years old and right under the trees). The other day one of our neighbor's pipe's burst. It appeared to be caused by a large root. Now we know where their pipe is -- it runs up the tree line for a distance then takes a bend to then run under the road (a foot or so into the blacktopped portion). We also learned that their pipe is only a few inches below the surface. (generally pipe under a road should be 18 inches deep, I believe). There was no apparent reason the pipe took an "L" at that point -- an "L" with the water under pressure is a sort of weak point -- over time that is where a leak would be more likely to occur than a straightaway. (In this case it's probably the root, but their pipes may have had a less-than-professional installation. And they are nearly 40 years old. The other easement grantee's pipes are still unlocated but are likely near the one we just uncovered -- both of the homes up the road were built in the 70s.
We have a friendly relationship with them and I'm sure we will work collaboratively. But it could get awkward. They are less educated on issues of this sort. (i.e. They were surprised to learn that THEY are responsible from the main service to their house and not the water company.) I need to know our rights and responsibilities, as well as theirs.
Obviously we need to cut -- and give permission to cut -- any roots that damage pipes. They are wondering if the trees should come out. We don't really want to REMOVE the trees but will be reasonable and in the end it might just be what has to happen. (It will look awful without them.) This could be expensive and since it is OUR property and we DON'T have a road association I'm certain that would fall on us. I'm not sure if we could just say NO we want our trees to stay if they create pipe damage -- or seemingly so. Neither they nor we are sitting on piles of money.
Unless we arrange a deal -- ie a road assoc. either temporary for certain projects or permanently -- can they MAKE US remove the trees at OUR EXPENSE entirely?
If they get another leak, I still believe it is their responsibility to get it fixed. (My husband did the labor on their repair the other day because he was much more knowledgeable than they. They bought the parts -- less than $20. It would have been something like $200 - $400 based on our previous plumber's estimates for similar repairs.) Remember their pipe is like 8" below the road at most so driving on the road could stress the pipes, and their pipes take unexplained turns and seem strangely planned aside from our roots.
We will do everything we can to keep it friendly, and WE will do MORE than is required of us, but we do need to know what we must do by law versus what we do "to be nice" (and protect our property, since in the end, it is all still OUR property -- we will be deeply involved no matter what -- for protection and liability -- which I am also unsure of: OUR LIABILITIES to the neighbors and their guests, deliveries, etc. as they traverse our property while using the road.)
(I began this inquiry with my specific questions -- see above.) THANKS!!!