Legal Question in Real Estate Law in California
Q: If a tenant on an orchard (in California) trespasses or damages a neighbors property, is the tenant liable or landlord?
The tenant's vehicle had been interfering with the neighbors property when being driven across an easement? Who will be liable if the tenant damages the neighbors property when going outside the bounds of the easement? The landlord, tenant, or nobody? What would be the ruling?
1 Answer from Attorneys
The answer is not as simple as you may think. If the tenant goes outside the easement and onto the servient tenement and damages the property, the tenant would be liable. The less clear question is whether the landlord would too. Generally landlords are not liable for their tenants' nuisances and trespassing, but there are exceptions that depends on the facts and details of the situation and conduct.
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