Legal Question in Real Estate Law in California

Can I keep the Law from Landing on my Property

I have a property in northern california. The property extends to the tip of the town's airport. The CAMP (campaign against Marijuana Planting) takes off from my part of the airport. I just purchased the land and am assuming there is an easement, and the season has not started. Is there anything i can do to prevent them from using my part of the land (which consequently extends to the end of the landing strip on the airport). They are not taking off from the end of the strip, just the land at the end of it.


Asked on 5/27/09, 11:49 pm

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: Can I keep the Law from Landing on my Property

I have litigated easements before including prescriptive and such. You need to obtain records and get the history of the property and its use and get an attorney to review the facts. You might argue against any easement. You also need to act quickly because you do not know how much time you may have before they go gain a legal right even if they didnt have one before. Let me know if you want help with this.

Best,

Daniel Bakondi, Esq.

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Answered on 5/27/09, 11:56 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can I keep the Law from Landing on my Property

The first records to check are your title insurance and preliminary title report obtained when you bought the land. Title companies are pretty good at picking up many kinds of easements, especially ones of record.

Next, I would go to the assessor's office and look at parcel maps to identify parcels assessed to the airport or, if it is a municipal operation, are shown as government land. By the way, if the airport is a government rather than private operation, the process for making a claim against it/them is very different from litigating against a private land owner/user. Also, you and your lawyer will need to decide whether you are looking at a trespass (not involving a title or easement issue) or whether you have a claim for encroachment or to quiet title to land, or perhaps both.

Are the planes (and helicopters?) actually taxiing on your land, or merely flying overhead at low elevation? If the latter, you have a more difficult set of issues.

When armed with the results of this research, it may be time to meet with the airport operator or owner.

You gave the Zip code for Bridgeville.

I used to own property in Trinity County (Island Mountain) and still have a few acres at Eel Rock.

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Answered on 5/28/09, 2:58 am


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