Legal Question in Real Estate Law in California

New fence on easement

We have a group of property owners (20+) with a 60' right of way easement through a large parcel of land. The easement was originally established in 1964 and is a written description in each of our titles. Our owners have a road maintenance agreement in our CC&R's.

A new owner has purchased the large parcel and has begun putting fence posts and stringing barbed wire in closer to our road than the 30' from center line. Some of the posts are less than 10' from the edge of the road. They are claiming it was done in error and have stated that if we have problems with it in the future, that they would remove and replace it. It is obvious that we will not be able to use a grader to do our maintenance without damaging the fence.

Is this legal for him to do?


Asked on 3/20/00, 3:14 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: New fence on easement

You need to consult an attorney regarding this situation. The individual costs should be relatively small as there are 20 property owner's. The terms of the easement must be reviewed.

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Answered on 3/27/00, 2:03 am


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