Easement for use of dirt road to a grove only property issues...

[Erynarnold]

I own property in California. There is a grove property located along one side of my property. There is no electrical, no buildings, no mailbox, no address, it’s just a grove. There is an easement that allows them to use my driveway to get to their grove. It is an agricultural use only easement. Over the last few years, they began storing old, crashed cars on their property. Then they started putting outhouses. Now old washing machines and refrigerators are being stored there. All this is driven over my driveway. Now ( done in the middle of the night, remember the property has no electricity ) they built a huge corral made with large, metal grove ladders. ( It is adjacent to my fenced property ) they have brought a horse. It screams and whinnies all night long and fights like hell to get out of the makeshift corral. Now, I have a horse on my property and have had him for five years. I also have a house that I live on with six acres. We have lived here for nine years. The horse obviously wants to get out and fight my horse. They can see each other as there is a chain link fence between them and the ladder corral. I’m an animal lover, and days go by that nobody cares for the horse. When they do come they throw an entire bale of alfalfa and leave. All using my driveway to get there. It’s been hot too and they don’t always give the horse water either. They have to turn on the water main at the top of my property to get any water on in the grove. Is this legal? If they only have an agricultural use access how can they keep towing in and dumping all this stuff? Now a live horse too? I just want to know what I should do. Especially since these trucks are often driven by illegals who drive really fast and have come close to hitting my kids and my dog. Please advise?

 

[HRZ]

I would think a horse is under argiculture umbrella ....but I'd do a lot of digging as to if local codes prohibit the storage of junk cars or erection of outhouses.

IF the horse lacks water I'd be quick to involve any appropriate humane group

NO clue if they have rights to,access water via your lands but I'd sure find out.

Especially in CA I'd comment on everything EXCEPT the legal status of folks involved.

 

[FarmerJ]

The easement to cross your land , assuming it is a written and recorded easement , what is the exact wording of it and did the wording say it was to be seasonal use / agricultural use only ? The rest of your concerns , your city/county/ township ordinances might address the junk pile up and local animal related ordinances should address the horse. You also wrote >They have to turn on the water main at the top of my property to get any water on in the grove. Is this legal? < Do you pay for the water they use ? If you do not then who does ? and does the written easement also grant them consent to enter your property to get water ?

 

[Erynarnold]

T

The easement to cross your land , assuming it is a written and recorded easement , what is the exact wording of it and did the wording say it was to be seasonal use / agricultural use only ? The rest of your concerns , your city/county/ township ordinances might address the junk pile up and local animal related ordinances should address the horse. You also wrote >They have to turn on the water main at the top of my property to get any water on in the grove. Is this legal? < Do you pay for the water they use ? If you do not then who does ? and does the written easement also grant them consent to enter your property to get water ?

They pay for their own water. But since it’s just a grove and has no electricity they have to turn on the entire water main to get water to the property. I am not sure about the water easement although their main is right next to my main and it’s all on my property. I don’t turn my water on there as I have usual residential water use. I will really check out the title verbage tonight and see exactly what it says. Thanks I will keep you posted. Eryn

 

[Erynarnold]

Thank y

I would think a horse is under argiculture umbrella ....but I'd do a lot of digging as to if local codes prohibit the storage of junk cars or erection of outhouses.

IF the horse lacks water I'd be quick to involve any appropriate humane group

NO clue if they have rights to,access water via your lands but I'd sure find out.

Especially in CA I'd comment on everything EXCEPT the legal status of folks involved.

Thank you I will check my title tonight and find out exactly what it says. I have contacted two rescue groups but without a legal address, they have no way of contacting them and they have a locked gate at the end of my easement road. They won’t trespass so I’m stuck. ( I have made sure the horse has water, but it’s not legal so we will leave it at that. )

 

[LdiJ]

Check and see if the easement is exclusive. If its not, then they have no right to lock a gate that prohibits YOU from using your own land.

 

[HRZ]

Agree check the exact language of the easement. Many easements are not exclusive.


BTW it's risky to tolerate long term usage of easement for wrong purposes, they may acquire a right to do so . And I might sort out if the written easement allows passage by non agricultural vehicles ,i.e. cars .