Legal Question in Real Estate Law in California

You need to look carefully at the easement to see if it addresses the question. A well drafted easement will specify who has responsibility and may indicate who has to provide insurance. You should insure the risk in any event. These matters will determine liability between you and the holder of the easement, but will not keep injured parties from naming you in the suit if damage occurs.

Insurance seems to be an obvious solution; I wouldn't buy and hold real estate without a public liability policy, and if there are buildings, add fire insurance.

If someone is injured on land you own, but that someone else is farming under an easement agreement, their lawyer will probably name both the owner and the farmer as defendants, and both (or their insurance companies) will have to defend the lawsuit. That's a reason to have insurance in and of itself. What the jury decides as to which defendant is liable, or whether both are liable, or maybe neither is liable, will be decided by the judge or jury based on the complex and sometimes arcane rules of tort law. If the injury were caused by the farming activity, more likely than not the farmer would be found solely liable. However, there are plenty of situations in which you, or both of you, would be legally responsible.

If you do buy the property, I'd recommend performing a fairly careful inspection for hazards that could be the owner's responsibility. Things like open wells, low-hanging electric lines running to the pumphouse, private roads running along the edge of a cliff, etc. You can reduce your chances of becoming liable if you correct such problems or post adequate warning signs.

The general rule is: "An easement owner has an interest in real estate and has the same duty and responsibilities to third persons who enter the premises as has any other property owner. Because the owner of an easement has a duty to maintain and repair the easement, he or she also must keep it free from any dangerous condition that might injure third persons who rightfully come on the easement ...." (6 Miller & Starr, Cal. Real Estate (3d ed. 2000) Easements, � 15:68, p. 220, fns. omitted.)

But liability is not always assessed against the easement owner. Liability could be assessed against you if you created a condition that caused harm.