Legal Question in Real Estate Law in California
We have an easement for our mutual water company on the property of one of the members of the water system. One of the wells is located on this property as well as the meter for the home owner and another home owner. Due to disputes regarding the managing of the system by this homeowner, he has now given orders that no one from the water company can come on his property without 24 hours written notice. This written notice must be given him through only one designated representative and it must include the intention to enter the property, what activities will be conducted, when and by whom. This seems to be very cumbersome and I think that we will find it impossible to find a good water servicing company that could contend with all this when they are trying to read meters, check the well, do water sampling, etc. We members of this small mutual water system feel that we have been hijacked. What are we able to do? We are a 30 member system.
2 Answers from Attorneys
One would want to read the easement agreement(s) beforehand to be sure, but this certainly looks like an unreasonable interference with the rights of the easement holder, and should be actionable with success in your county Superior Court if necessary.
I agree with Mr. Whipple, particularly in respect to needing to review the easement and association documents before any real opinion could possibly be provided.
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