Easement - Owner responsibilities?

kymandsteve said:

What is the name of your state?What is the name of your state? California

Hi - we recently bought some land in California. There is an easement that simply reads:

Purpose: For 60 foot proposed right of way
Affects: Easterly 60 feet.

I just got a letter today from the landowners behind us stating that they would like to install a driveway to access their property this Spring.

They suggest that we cut down the trees. Also there is a pond that is partially on the easement (put in by the previous owners). The letter they sent says that the pond was previously illegally put in and runs through the easement. And that they need the area affected to be returned to it's original condition.

What is my responsibility in having this easement developed? Do I have to cut down the trees? Do I need to fill in the pond (it looks like it is an extension of a gully that was dug out and a dam put in - so the area is already a bit swampy).

Thank you

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kymandsteve said:

California


Doesn't say anything beyond "60 ft" - but this neighbor is behind us and I'm willing to say it goes all the way back the whole length of the property line - about 1000 ft.

This is all pretty much undeveloped land. No electricity, everybody is on wells and most lots are about 10 acres.
The trees are various kinds of pines and have been there for a very long time, they are easily over 100 ft tall.

I don't mind losing these trees if it's in the easement - but they are suggesting we cut them down. I don't want to pay for or be ultimately responsible for anything that I am not legally accountable for.

That being said, I would also like to be a good neighbor. We hope to build there next Summer and in such a remote area neighbors are key.

No environmental impact study that I am aware of.

No building permits that I am aware of either - just "we hope to start next Spring".

The area of the pond is certainly wet. And it seems that the previous owner took a back hoe and just made a big hole to catch the water and then dammed the other end. Not having lived there I can't be certain, but I don't think it is controlling any flooding (the few times I have been there it's just a slow trickle).
It would seem that the area would need to be built up a bit or their driveway will always be mucky.

To complicate matters my husband will be deployed next month and with him being gone so long I don't want to be taken advantage of.

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