My jurisdiction is: Madera . Ca
At what point is it a violation of the easement rights? The neighbor has built (illegally) W/O permits multiple structures including a RV trailer in which he allowed people to live in even after the county told him to cease the use of the business, trailer (for living of others/guest), run multiple business to included an cabinet shop, auto body shop, an auto mechanics shop and a welding-machine shop & on a residential zoned property (all but the cabinet shop were on the easement.
The following is the Legal Description of said easement granted by 2 prior owners:
8/7/03
A varying width exclusive and perpetual easement for any and all purpose allowed by the Madera county zoning ordinance including but not limited to ingress/egress, public and private utilities, said easement being appurtenant to parcel #1 of lot split # xxx, recorded in book xx of maps on page xxx. Madera County records, said easement being located within Parcel # 3 of the Parcel Map #xxx, recorded in book xx of the Maps at page xx, Madera County records, and is more particularly described as follows:
Beginning at the northeast corner of the said property #3: thence along the north line thereof S.76°43'31"E. 65.00 feet: thence S.3°52;40"W.45.00 feet to a point on the south line of said parcel #3: thence N.0°13'07"E 300 feet to the PIOINT OF BEGINNING.
The undersigned Grantees or their successors interest herby indemnify and not hold harmless grantors or their successors in interest from any liability that may arise as a result of any incident that may occur within the above described Easement. (End of description)
1) Could there be some sort of ramification to the validly of this easement, due to the fact that part of the legal description(s) includes a county road and not private property as part of this easement and is listed as such? I have found out after further investigating that a county dedication for a road was given back in the late 70's or early 80's and is included in approximately the first 22 FT of said easement (it was originally thought to be an easements for his property as he was thought to be land locked)? But after further checking with the county I have found out his parcel is not his and is listed as his step fathers and is not land locked and he has no legal rights to the property(s).
2) When the original survey was done in 2003 to sell my property to the person we purchased it from, it was determined the neighbor had built a 3 sheds on my property and this was the purpose for the easement to be granted, as they could not sell w/o the separation of the buildings on the land. All but one shed and illegal building that were erected in 2006 have burnt down as of 2 weeks ago and were trying to figure out how to stop any further building as when we bought we had a beautiful sun set and town night light view.
3) What if any, is our right(s) to this section of our property and can we:
• Would there not be some ramification as to the validity of said easement if part of said easement was a county road.
• Does all parties listed on said easement have to have a legal descriptive vested interest on the deeded of the adjoining property.
• Can I do tree trimming/removal on said easement
• Stop him from rebuilding and more structures as there was a fire 2 weeks ago that destroyed the building on the easement.
• Go on the easement w/o being charged with trespassing.
• Stop him from storing donated non registered, non-operational vehicles in some cases totaled vehicles (all donated to his non-profit company that he did run off the easement), trailers, work trucks (at one point there was 12 cars stored. Not registered cars & the county only allow no more the 100Sq ft) and the county
• Stop him from using the land for business purposes not permitted by the county as a SFR zoned area/property.
• Is there some re-course to remove this easement due to the blatant disregard to the easement rights as set forth by the prior owners W/O major legal fees and or lawyers. TRO or Injunction that I could file on my own.
At what point is it a violation of the easement rights? The neighbor has built (illegally) W/O permits multiple structures including a RV trailer in which he allowed people to live in even after the county told him to cease the use of the business, trailer (for living of others/guest), run multiple business to included an cabinet shop, auto body shop, an auto mechanics shop and a welding-machine shop & on a residential zoned property (all but the cabinet shop were on the easement.
The following is the Legal Description of said easement granted by 2 prior owners:
8/7/03
A varying width exclusive and perpetual easement for any and all purpose allowed by the Madera county zoning ordinance including but not limited to ingress/egress, public and private utilities, said easement being appurtenant to parcel #1 of lot split # xxx, recorded in book xx of maps on page xxx. Madera County records, said easement being located within Parcel # 3 of the Parcel Map #xxx, recorded in book xx of the Maps at page xx, Madera County records, and is more particularly described as follows:
Beginning at the northeast corner of the said property #3: thence along the north line thereof S.76°43'31"E. 65.00 feet: thence S.3°52;40"W.45.00 feet to a point on the south line of said parcel #3: thence N.0°13'07"E 300 feet to the PIOINT OF BEGINNING.
The undersigned Grantees or their successors interest herby indemnify and not hold harmless grantors or their successors in interest from any liability that may arise as a result of any incident that may occur within the above described Easement. (End of description)
1) Could there be some sort of ramification to the validly of this easement, due to the fact that part of the legal description(s) includes a county road and not private property as part of this easement and is listed as such? I have found out after further investigating that a county dedication for a road was given back in the late 70's or early 80's and is included in approximately the first 22 FT of said easement (it was originally thought to be an easements for his property as he was thought to be land locked)? But after further checking with the county I have found out his parcel is not his and is listed as his step fathers and is not land locked and he has no legal rights to the property(s).
2) When the original survey was done in 2003 to sell my property to the person we purchased it from, it was determined the neighbor had built a 3 sheds on my property and this was the purpose for the easement to be granted, as they could not sell w/o the separation of the buildings on the land. All but one shed and illegal building that were erected in 2006 have burnt down as of 2 weeks ago and were trying to figure out how to stop any further building as when we bought we had a beautiful sun set and town night light view.
3) What if any, is our right(s) to this section of our property and can we:
• Would there not be some ramification as to the validity of said easement if part of said easement was a county road.
• Does all parties listed on said easement have to have a legal descriptive vested interest on the deeded of the adjoining property.
• Can I do tree trimming/removal on said easement
• Stop him from rebuilding and more structures as there was a fire 2 weeks ago that destroyed the building on the easement.
• Go on the easement w/o being charged with trespassing.
• Stop him from storing donated non registered, non-operational vehicles in some cases totaled vehicles (all donated to his non-profit company that he did run off the easement), trailers, work trucks (at one point there was 12 cars stored. Not registered cars & the county only allow no more the 100Sq ft) and the county
• Stop him from using the land for business purposes not permitted by the county as a SFR zoned area/property.
• Is there some re-course to remove this easement due to the blatant disregard to the easement rights as set forth by the prior owners W/O major legal fees and or lawyers. TRO or Injunction that I could file on my own.
