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Define 'incidental purposes' w/easement, What is the land owners rights?

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Junior Member
What is the name of your state? CA

I own a 40 acre parcel with a 84' wide deeded easement for the adjacent property owner (Mr X) to access his land.

Besides from a 10-12' wide graded road, the majority of the land within the easement area is not flat, there is cut hillsides, slopes, trees, boulders and natural vegatation bordering the graded road. At one location on my property there is a large flat area with a big tree at the outer limits of the easement boundries. Mr X uses this area to perform a 3-point turn with his truck & stock trailer because of the uneven terrain elsewhere.

We would like to place our home adjacent to this large tree, outside the easement but close enough that we would use the large flat area surrounding the tree as a circular turnaround in front of our home. We want to lower the grade of this large flat area, with drivable access between it & the existing graded road.

Mr X claims we cannot legally make any modifications within the easement boundries with out his approval. He also said his approval would not be given without monetary compensation.

I have 2 questions;

Can we grade within the easement as long as he still has acess to make a 3 point turn?
What does the term 'incidental purposes' in an easement definition refer to?

Legal description:
CL 84' wide easement for roadway & incidental purposes appurtenant to and for the benefit of parcel ...(adjacent parcel is referenced).

The Title policy states:
'An easement for pole, lines, right of access to & incidental purposes recorded 1951.'
'An easement for aerial wires & incidental purposes recorded 1954.'
'An easement for flowage, access to same & incidental purposes recorded march 1957.'
'An easement for road & incidental purposes recorded march 1972.'
'An easement shown or dedicated on the map as referred to in the legal desciption for roadway & incidental purposes.'

Thank you in advance for your consideration and response
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Senior Member
The land is yours and you can do as you wish as long as you do not interfer with his use for access. Incidental purposes could be a lot of things and may require a court decision if you object to a specific use. There is no problem with you also using the easement to access your property.

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