Legal Question in Real Estate Law in California
easement used for criminal activity
A major illegal pot grower exercises an eaasement by prescription through my land to access his 160 acres. Without my knowledge or permission, i've learned he has used portions of my land for elem,nts of his growing also. to protedt myself from any claim i'v e been complicit, do i have an obligation or need to report these things to authorities?
Also might i be able to revoke the easement on grounds that he is overburdening it (during harvest season he employs couple dozzen trimmers who pass daily over my property, and just now he has carved a new road through and from my property to and into a newly expanded crop area in his property; he did that without my knowledge or permission)
3 Answers from Attorneys
Re: easement used for criminal activity
If he's growing on your land, you risk having the land confiscated by law enforcement, not to mention other sketchy, obvious side effects of grow operations such as litter, pollution, and the risk of violence. I can just see you going to court to explain why he is overburdening his easement. The "obvious" answer is to rat your neighbor out to the cops, but I realize I don't live around there... maybe you could consult a local attorney.
Re: easement used for criminal activity
I have litigated prescriptive easements and related issues, and you may contact me to discuss this further. Why does he have an easement by prescription, because he says he does? I think he may be a trespasser. What will happen if you call the cops on him for trespassing? Will he sue you saying he had an easement? An easement is a non-possessory interest in land for a specific (legal) purpose. What is he going to do, sue you in court and say he has a legal right to cross your land for the purpose of cultivating his pot? I dont think he will do that. Think practically. However, I would want to look at the problem a little more closely, and you should email me to discuss.
Best,
Daniel Bakondi, Esq.
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Re: easement used for criminal activity
Take Mr. Stone's advice and report the activity to the police. Check for an anonymous tip line for the police to report the crime.
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