Legal Question in Real Estate Law in California

Re: county installing private signs on my property

there are various types of easements, so the type of easement here would be the MOST important issue in determining your rights and/or the county/HOA's rights as well. if this is an express easement, the terms outline the rights of the parties at issue will be shown in the grant instrument. upon review of the grant instrument, an attorney could give you FAR better direction and a full assessment of your/their rights. if your rights are superior, then you would be entitled to damages and/or injunctive relief on your claim. if you would like further assistance, contect us today.

Re: county installing private signs on my property

You need to have a qualified real estate attorney review the County's easement to determine if the County has the right to do this. The grant of easement specifies what the County can and cannot do, so any response you receive here would be speculation unless the responder had the actual easement agreement to read. As a general rule, the recipient of the eastment cannot demand more rights than want the easement already grants.

If the County is incorrect and will not relent, you will probably need to file an action for declaratory and injunctive relief against the County and the HOA. The sooner you see an attorney, the better.

Re: county installing private signs on my property

There are a host of facts which need to be ascertained in order to provide a complete analysis and answer to your question:

1. What is the scope of the easement? Permissible use of an easement must first be analyzed by ascertaining the scope. For example, if you and I own homes at the end of a cul-de-sac, and I own an easement allowing me to use your driveway as a turnaround, that doesn't mean that I can park my car in your driveway -- that would be beyond the scope of my easement; and you would have the right to seek an injuction preventing me from parking my cars in your driveway. (If the easement is drafted correctly, it will also give you the right to seek recovery of attorneys' fees against me for wasting your time.)

2. Who is actually installing the sign, the HOA or the County? One involves private action; one involves government action -- each are analyzed differently; and equally as important, remedies applicable to each type of conduct differ widely in both substance and procedure.

3. Is the sign to be permanent in duration, or temporary (and if so, for how long). If the sign is permissible (both via the easement and by the party actually placing it), then one key question for you is whether you have been damaged (and if so, what measure to apply). If the sign in temporary (and I gather from your question that it is temporary), then the issue really becomes whether you have the right to remove and if not, how much damage you have suffered.

I can give you a more thoughtful and complete analysis after knowing the answers to these questions.

Re: county installing private signs on my property

The previous two posts are quite correct. If the County is exceeding the scope of the easement, it is considered a trespass. Misuse of an easement is a trespass. You will need to verify the scope of the easement originally granted, and then determine whether or not the HOA's use violates the scope of the easement.

Very truly yours,