Unbiased Interpretation of Easement Wording Please

[rebeccab.0206]

What is the name of your state (only U.S. law)?
California

I am involved in a disagreement with my neighbors regarding our different interpretations of the filed easement documents specific wording.

I would like to post the easement document and get some unbiased feedback as to your interpretation
of what you think the wording indicates, without facts at this point or my personal views clouding it, after some feedback I can add specifics.
Thanks in Advance...here is what the easement paperwork says....


Reserving to Grantor a non-exclusive easement for road and public utility purposes 50 feet in width, the centerline of which is the centerline of the existing road traversing the realty herein conveyed, in an Easterly and Westerly direction, said easement is to be appurtenant to the lands of the Grantors being parcel X, Book X of Parcel Maps at Page XXX filed XX/X/1975

 

[LdiJ]

What is the name of your state (only U.S. law)?
California

I am involved in a disagreement with my neighbors regarding our different interpretations of the filed easement documents specific wording.

I would like to post the easement document and get some unbiased feedback as to your interpretation
of what you think the wording indicates, without facts at this point or my personal views clouding it, after some feedback I can add specifics.
Thanks in Advance...here is what the easement paperwork says....


Reserving to Grantor a non-exclusive easement for road and public utility purposes 50 feet in width, the centerline of which is the centerline of the existing road traversing the realty herein conveyed, in an Easterly and Westerly direction, said easement is to be appurtenant to the lands of the Grantors being parcel X, Book X of Parcel Maps at Page XXX filed XX/X/1975

That is pretty clearly worded. I do not think that anybody is going to be able to give you much advice without knowing more details about your dispute.

 

[rebeccab.0206]

That is pretty clearly worded. I do not think that anybody is going to be able to give you much advice without knowing more details about your dispute.

That is the problem, everyone involved thinks it's clearly worded. One party thinks the easement clearly grants access to use the private road and also grants access to public utilities, the other party reads it as the easement grants access solely to public utilities and no access to grantor.

 

[LdiJ]

That is the problem, everyone involved thinks it's clearly worded. One party thinks the easement clearly grants access to use the private road and also grants access to public utilities, the other party reads it as the easement grants access solely to public utilities and no access to grantor.

"Reserving to Grantor a non-exclusive easement for road and public utility purposes"

How can either party try to claim no access to grantor?

 

[rebeccab.0206]

"Reserving to Grantor a non-exclusive easement for road and public utility purposes"

How can either party try to claim no access to grantor?

Honestly I'm not sure, my husband and I are the grantors. I believe the neighbors are reading it as non exclusive easment to road FOR public utilities, as opposed to the actual wording which is non exclusive easement to road AND public utilities.

This is beyond frustrating because I've been using the road since I was a child.

Basically all the plots of land here were sold in the 70s and 80s as back to back squares the lower plots were along the river with a dirt easement road running along side the river for access, and the upper plots had their accesses along a public road.

If looking at the county map of parcels essentially it runs like a long sideways U with the lower part being private river access and the upper being public road access. Back in the late 70s my dad bought 2 parcels a riverfront parcel and then the parcel above him. When other landowners didn't want to help him maintain the river easement road, he made his own road from the river property straight up through both his parcels, meeting the public road. Problem solved as we no longer used the River access road, which is in horrible shape with potholes.

In 98 my dad sold the upper property keeping the River property but attached was the easement provided. The sold property has changed hands several times over the years, but we've never had a problem with being denied access, my father even paid to pave the private road in 2003. The current owner bought the property from auction in 2008 and there still hadn't been an issue. In 2015 my husband and I bought the property from my mother as my father lost his battle with cancer and the property was too much for her to maintain alone. Again there had been no issue with us using the private road my father made in 1990.

Just in the last week there has been issues, what's frustrating is the property owners that we have the easment through will only approach when I'm alone in my car with my daughter, they will stand in the road blocking my passage so they can approach me. The first time I just thought they wanted to say hello as his mother had just moved in, but as I rolled down the window they said "We want you to be aware this is a private road and you are trespassing. " I informed them of the easement and they said they were aware and had the paperwork in hand but that the easement states access for utility workers, not us. That we have our own access along the river And we only have permission to use if the river floods the River road."

My husband printed all County documents and went to try and discuss this civily, but they refuse to speak with him going as far as all running into their house and locking the door when he walked towards them.

Like I said this is very frustrating as my family and I have been using this road without issue since the early 90s.

 

[xylene]

If they are running away from you, then real what is the dispute?

Other than them jib jabbing in your face, what really is the dispute legally?

They can think you are trespassing all they want.. have they locked you out? are they calling the cops? are they suing you?

Have a lawyer on speed dial. Don't roll down your window. Lay on the horn. Get a can of mace. Look into a CCW.

 

[rebeccab.0206]

If they are running away from you, then real what is the dispute?

Other than them jib jabbing in your face, what really is the dispute legally?

They can think you are trespassing all they want.. have they locked you out? are they calling the cops? are they suing you?

Have a lawyer on speed dial. Don't roll down your window. Lay on the horn. Get a can of mace. Look into a CCW.

My main concern was basically if perhaps we were reading the easement wrong because it's been in been in place for so long, that perhaps we were adding meaning where there wasn't, I just wanted to see how unbiased people read the easement.

Secondly when they approached me they said they wanted to let me know they were putting my family "on notice" that they were looking into how to either enforce the easement as they're reading it, or if they can circumvent the easement. Their logic is we don't need the road due to necessity, since we have the pot hole ridden River Road, so we have no rights to the paved private.

Also I'm wondering if they somehow destroy the private road and make another leading only to their house, if that is another possible way of essentially destroying the easement.

 

[latigo]

That is the problem, everyone involved thinks it's clearly worded. One party thinks the easement clearly grants access to use the private road and also grants access to public utilities, the other party reads it as the easement grants access solely to public utilities and no access to grantor.

Ask your nay saying no access thick headed neighbor how he can explain away the use of the conjunctive in "for road AND utility purposes".

 

[Zigner]

Ask your nay saying no access thick headed neighbor how he can explain away the use of the conjunctive in "for road AND utility purposes".

I willing to bet that exact question has already been asked

 

[FarmerJ]

Do your self a favor and video record the easement area as you use it or if you cant take video then take a lot of still shots so you have a record of its condition. Consider buying one of those dash cams that were advertised so heavily before last Christmas ( Ive been thinking of getting one just to record the wildlife that so often tries to bless my vehicles over the years , especially with my drives to work now that I work over nights, this last two weeks there has been a lot more deer out than normal , 11 over two weeks have crossed in front of me )

 

[rebeccab.0206]

Ask your nay saying no access thick headed neighbor how he can explain away the use of the conjunctive in "for road AND utility purposes".

I willing to bet that exact question has already been asked

Actually it has lol when my husband tried to talk to them that was the only sentence he got out as they were shutting the door he said to them "You do realize there is a difference between the word FOR and the word AND to which the woman (owners mother)replied "We read it differently" put a palm up in front of my husband's face and closed and locked the door.

Do your self a favor and video record the easement area as you use it or if you cant take video then take a lot of still shots so you have a record of its condition. Consider buying one of those dash cams that were advertised so heavily before last Christmas ( Ive been thinking of getting one just to record the wildlife that so often tries to bless my vehicles over the years , especially with my drives to work now that I work over nights, this last two weeks there has been a lot more deer out than normal , 11 over two weeks have crossed in front of me )

Thanks, that's a great idea! Especially because since this started a big square rock was placed in the grass right off the edge of the pavement on the road, where is couldnt be seen and my husband drives a big truck for work and when he's hauling his trailer his turns are wider, and sometimes leaves the pavement. This rock ended up putting a dent in his quarter panel. They've also started cutting trees and leaving them partially blocking the roadway to where I either scratch the paint or attempt 4 wheeling in my sedan

We don't utilize the 50 feet the easement permits we only drive the paved road, which at most is 10 feet wide.