Legal Question in Real Estate Law in California

We live in a rural area of CA and our home is the first of several off the main road. My neighbors can only access their properties by crossing over ours via an easement. This easement is for ingress / egress purposes, and for utility access.

We have had neighbors and their visitors park their vehicles and leave them unattended for hours, overnight and even for days. This private road is not used by us as we have a driveway that goes directly to the main road. We do not like having a car parked on this road, in front of our house, for various reasons, one of which is that our water district pamphlet regarding well water recommends that no vehicles be parked or stored within 50-100 feet. Those who park on this easement road are within that recommended well setback. Also, we live in a scenic canyon. We open our blinds or look-out from deck at the scenery - and often see a car parked in front of our home, on or just off this road.

I am supposed to provide a 30' width easement. Much of the cleared area that traverses our land (the road) is well beyond that. Can I legally put-up a fence that provides just the required 30 feet? The neighbor next to me has had a fence along the road for a while, and it makes for a 15' easement road. Maybe his easement requirement is different...

Lastly, and most importantly, since the easement allows for ingress and egress, does parking there constitute a trespass? As I understand matters, it's still our land, but the easement is for the dominant estate, for only the specified purpose - right of way.

Thanks much.


Asked on 1/23/11, 1:22 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with your analysis. Evidently, some of your neighbors, and/or their guests, do not understand the difference between an easement and a public road. And, technically, the misuse of the easement is probably trespassory in nature.

I would, however, suggest an educational and conciliatory approach to educate the neighbors, rather than trying to hammer them in court. Putting up a few signs, or maybe some fence, might help.

As to the easement width issue and your right to fence, etc., you should look up and read a California appellate court decision, Scruby v. Vintage Grapevine, Inc. (1995) 37 Cal.App. 4th 697. If you put "Scruby" and "Vintage" into a Google search, you should come up with a free copy of the decision.

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Answered on 1/28/11, 9:54 am


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