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HELP! Easement has turned into Motorcycle runway

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my5fireflies

Junior Member
What is the name of your state? California

This is a serious issue. We have an access easement that goes through our property for landowner use to obtain access to their properties. It has turned into a motorcycle/atv/atc runway. They throw their trash and lit cigarettes on our property and go so fast we cannot catch them. We know some of the offenders, others come from other areas to ride their brains out in the mountains and use our easement to get access. This easement is not on any county map and is not maintained or recognized by Riverside County, CA. What can I do? I've tried to be nice when I catch them, they basically say "F" you, get out of our way! I am at wits end and don't know what to do! HELP! Thank you! You can e-mail me directly at [email protected]
 


ms.magoo

Member
HELP! Easement has turned into

What does your easement say specifically ? How many neighours have a access easement through your yard ? Are the other people you stated that use the easement to ride their brains out, a party titiled to use the access easement ? If not, then post up some No Tresspassing signs, an Trepassers will be prosecuted signs, up as well. In order to get the actual entitled access easement users to stand up and take notice, maybe its time you put up a locked gate at both ends of the easement, and give them a key to get in and out. If they get angry over that action, again state to them all your concerns. Then get to a lawyer pronto. Have the lawyer write up a strong letter on all your concerns. It looks to me that you're going to have to start up a legal action against these people, if they don't start respecting your property, either in the easement area or off into your lands. A Judge might find your requests that the actual entitled easement users be Ordered to slow their speed down, to say a posted speed limit, an also not be allowed to put your property in danger by dropping lit cigarette butts onto your lands. The Judge might also find it reasonable to keep the locked gates in place, in order to prevent the non-entitled trespassers from continuing to tresspass an do damages to your land. Just my idea's, anyone else have some ?
 

my5fireflies

Junior Member
Thank you, Ms. Magoo!

I did go to an attorney and he said I was right in putting up signs which we haven't yet done. My neighbor also owns the opening to this easement, but another third party has a "grant deed" to this easement that is part of my property! He has the right to USE this and I've tried calling him, but he won't return my calls. I need his permission in order to put up a gate. I considered calling the court clerk and asking for time with a judge. (my adjacent neighbors are with me on this.) Most of the offending riders do not live up here and have no reason to use this easement. Other neighbors do live here, but do not need to use the easement to obtain access to their properties but they use it anyway and ride all the time, too. Being nice hasn't helped at all. They flip me the bird while they ride on the easement and it's really caused a riff in our little mountain community. I pay property taxes on this easement, yet I feel like I have no rights at all!
 

lwpat

Senior Member
Put up a gate and let the ones who have a right of access complain. Then you can give them a key. All they can do is make you take it down.
 

ms.magoo

Member
You're welcome !!!

Sounds like you're on the right track, no pun intended with those ATV'er's, lol. Let the gates go up an the fixing of this problem begin. Good luck to you !!! :eek:
 

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