• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Easment termination

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

jklein

Guest
What is the name of your state? CA

We are curerntly fencing our property in california and have run into a potential easement issue.

Our neighbor above us (we are in a canyon/hill setting) has a sliver of property that runs down the hill between us and the lot next to us. He purchased this property several years ago as it was a former fire trail (and shows as such on our survey/title maps). This property is very steep and he uses it as a short cut twice a day to walk his dog to the trailhead at the base of our street.

The issue is that becuase the slope is very steep; it requires steps to ascend/descned and only 1/2 (near the top) of the trail is stepped. The remainder ascends via a switchback which swings about 15 feet onto our property. As we want to build the fence just inside our property line, this would cut the corner of this switchback and effectively make the trail unuseable unless someone completes the set of steps that actually fit within our neighbors land.

We approached the neighbor and told him of our plans, and he got fairly aggressive saying that he had been using it for 20 years, and if we did this he would insist we pay to build the steps to make the trail useable again. We actually planned to offer to do this anyway, however we have reconsidered considering (A) his handling of the matter, and (B) concern that doing so may open us up to potential liability issues for constructing on what actually *is* his land.

Two questions then -- what is our actual responsibility here? This trail is for convienence sake only, there is a perfectly good road (which he and the several dozen other people who live further up the hill from us) use to drive. There is no granted prescriptive or deeded easment on record. Second question, if we were to go ahead and build the steps (we are trying to be reasonable) would we expose ourselves to any future liabilities?

Regards,
JohnK
[email protected]
 


BelizeBreeze

Senior Member
The fact that he has been 'using' the trail in no way grants him rights to the property. DO NOT build the steps. You're right on that aspect. It will expose you to liability if anything were to happen.

Go ahead with your plans and if the neighbor has a problem with them, he is well within his rights to build out HIS trail all he wants.
 
J

jklein

Guest
additional information...

nope.. no 'official' easements were ever granted nor asked for as far as the folks at city hall could find - I assume they would know if there was?
 

BelizeBreeze

Senior Member
jklein said:
nope.. no 'official' easements were ever granted nor asked for as far as the folks at city hall could find - I assume they would know if there was?
Actually no, they would have no idea. An easement becomes a part of the deed restriction and would be filed with the deed at the county courthouse or recorder's office. If you can't find one there pay the small (about $150) fee to have a title search completed.

IF no recorded easement then shows up, my original advice stands.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top