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River access

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dremu

Junior Member
What is the name of your state (only U.S. law)? California.

We just bought a piece of land on the Russian River. A neighbor who has a rental property (daily/weekly) uses our property to let her vacationers get to the river. Is there an easment? What should I do so one is not created?
I don't really mind (Too much) But I want to keep my rights.
 


FarmerJ

Senior Member
How many years has the neighbor been crossing your land ? AND is there any thing at all in your title that reflects a easement being given to the the neighboring property to use your land as a access to the river? IF your documents show nothing at all then its time to see a real estate atty to double check to make sure there is no recorded easement anywhere and to send the neighbor a letter telling her that she doesnt have the right to cross your land and anyone caught on it will be treated as tresspasser. If neighbor wants to challenge it , one arguement worth making is that she is not living in the unit herself but using it as a short term vacation rental as a business. You also need to speak to the real estate atty about your liability risk when these vacation renters are crossing your property and also talk to the atty about other possibilitys like if you have enough land perhaps you might consider selling to her a foot path width of land on one side of your property that can OR at least granting to her written permission to use the strip you dedicate for her use OR even renting to her the strip so that way your lease would be able to dictate that she must have some type of ins to cover tenant injury. This way too you would be able to fence in the strip o keep others off of the rest of your property and also a atty could help write in restrictions if you didnt sell but offered to lease a strip to her that could address boats ,docks , attempts of tenants to drive on your property ETC. This is a situation that is not a do it your self one but one that truly warrants getting the advice /services of a atty in order to best protect your interest ASAP other wise the longer you wait to act its possible she might start the legal battle and could go to the court system and end up costing you more money than you care to spend.
 

drewguy

Member
All good advice.

Also check with the previous owner to see if she/he gave permission for them to access the river.
 

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