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Easement questions

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JMK

Junior Member
What is the name of your state? CA
Several years ago, we purchased property in a gated community. There was an easement through our parcel which allowed access to adjacent private lands outside of the subdivision. There was no access to the private lands from a public road, even though the private landowners had tried for years to gain access for development. We built a home on a portion of the land which doesn't require us to use the easement road. Access to our home is via another road.

The county allowed the private landowners to build a tempoary road to access the private lands for tree harvest. This temporay road allowed for access to a public road outside of the community. The temporary road connected the easement road on our land to the public road. The temporary road passed thought a lot owned by one of the land holders of the private land and then connected to the easement road through our land. The road required improvement, to allow access by large equipment for the harvest. No one, at the time, asked us to pay for any of the improvements. A portion of the private land was eventually sold and the new owner convinced the county to create a permanent access through the lot to the easement road. We were also given an easement through the lot to the public road. No agreement for road maintenance was ever entered into.
Recently, a tree fell across the easement road on our property and the new land owner requested that we pay for removal, so that he could access his land .
Are we responsible for the keeping this easement road open and contributing to the maintenance, even though we have no use for it and have never entered into a road maintenance contract?What is the name of your state?
 


seniorjudge

Senior Member
JMK said:
What is the name of your state? CA
Several years ago, we purchased property in a gated community. There was an easement through our parcel which allowed access to adjacent private lands outside of the subdivision. There was no access to the private lands from a public road, even though the private landowners had tried for years to gain access for development. We built a home on a portion of the land which doesn't require us to use the easement road. Access to our home is via another road.

The county allowed the private landowners to build a tempoary road to access the private lands for tree harvest. This temporay road allowed for access to a public road outside of the community. The temporary road connected the easement road on our land to the public road. The temporary road passed thought a lot owned by one of the land holders of the private land and then connected to the easement road through our land. The road required improvement, to allow access by large equipment for the harvest. No one, at the time, asked us to pay for any of the improvements. A portion of the private land was eventually sold and the new owner convinced the county to create a permanent access through the lot to the easement road. We were also given an easement through the lot to the public road. No agreement for road maintenance was ever entered into.
Recently, a tree fell across the easement road on our property and the new land owner requested that we pay for removal, so that he could access his land .
Are we responsible for the keeping this easement road open and contributing to the maintenance, even though we have no use for it and have never entered into a road maintenance contract?What is the name of your state?

What does the written easement agreement say EXACTLY?
 

JMK

Junior Member
It is described as a corporaton grant deed dated in 1985.

For a valuable consideration, a California corporation Grants to an individual the following described real property. (This individual was the original developer of the community in which we reside.)

A non-exclusive right -of -way and easement for roadway and public utility purposes over, under, across and through a strip of land, 50.00 feet in width situated in lots 1, 119, and 120, as said lots are shown and designated on the official map. It goes on to describe the course of the easement.

Said easement is appurtenant to the... ( describes the adjacent private land outside of the comunity).

This is all that is stated in the document.
 

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