Legal Question in Real Estate Law in California

Re: Fire Department demands upgrades on an easement

There are a number of "powers" given to the authorities, but they are limited. You will need to negotiate with them, research your rights and, most likely, stand up for your rights. If you would like professional representation, please contact me.

Re: Fire Department demands upgrades on an easement

The Fire Department can only demand the affected neighbor to initiate litigation to expand their easment unless it is a matter of a violation of fire codes. It may be that the fire department has proposed changes to current codes and is seeking voluntary compliance prior to a acceptance of the proposed codes. Call me directly at 1.619.222.3504.

Re: Fire Department demands upgrades on an easement

It is highly unlikely that they have the authority to require you to make these changes. They do not have the authority to change the scope of the easement and force you to pay for 1/2 of it. If you contact my office, we can arrange an appointment to inspect the property and review the fire department's request.

Re: Fire Department demands upgrades on an easement

I suppose they can demand anything they want, but they should have to pay you for taking away a valuable property interest.

Re: Fire Department demands upgrades on an easement

You would be in good hands with Mr. Starrett. My guess is the Fire Dept. is within its authority to require improvements to the easement, but is assigning the cost burden to the wrong party. The neighbor should pay the entire cost, and further, I believe, you might be entitled to compensation for the loss of your oaks and for any additional land used in the reconfigured easement. This is a form of condemnation, in my opinion. Mr. Starrett may suggest an action for a writ of mandate directing the F.D. to direct its orders to the neighbor, not you.