Easements! What me worry?

Posted on October 16 2009 by admin

Who needs to worry about easements?

Well everybody!

The county has joined the environmentalists in their effort to close Ocotillo Wells by abandoning any and all support for public roads that have existed for nearly a century.  All in false assumption of excessive liability.

So It is up to you and me. See the page on fencing!

If you have a parcel on Split Mountain or hwy 78 the parcels further in generally cannot be landlocked.  (Only one parcel has been landlocked in the history of California and that case is really weird. More on that later.)

If you have to travel over others parcels to get to yours you certainly need to get your easements in order.

Proper declared legal access will foster cooperation between neighbors.

Emergency vehicle access is necessary to all parcels. Let’s help our great all volunteer fire department out here!

Proper Easement creation will allow power to reach all parcels.

SO:  In Ocotillo Wells there is likely an easement from the 1920’s that the title company failed to uncover because they often do not research all the way back to the original land grants or patents.  If there is not a recorded easement then typically the courts grant them by implication or necessity which is a type of implied easement that is created when the properties were split up.  (See all about easements page)

Some landowners that would be the subservient tenant (having the easement across an edge of their parcel.) want to extort cash from dominant tenants (those who would use it) for the granting of an easement.  I often wonder how this works out over time as the person that had to shell out some cash instead of going to court drives on and past the others property on a regular basis.  If civility did not prevail in the creation of the easement then it will likely not prevail in the use of it.  It’s just my opinion but I think we reap what we sow.  .

So I have my own little set of Easement etiquette that I try to follow.

The edges of my property are for the use of easements. (Unless I am trying to utilize several parcels as one. )

I do not build fences to the edge of the property or to the edge of the easements.  We all have big parcels and do not need every inch of them.

If there is an impassable point in the easement then find another way that works for everybody.

Always grant utility access but only for those parcels that need it not for something like sunrise powerlink.

When asking for an easement I do not lead with “I need” they do not give a damm about what I need.  Instead I try a softer approach like “I can help all of us by putting together this instead of several folks working on a Hodge-podge of documents”. I take my time and allow others to review my proposals and the documents.  For some folks this is just business and they get right to it.  For some folks this is unknown territory and they are unsure of how to proceed or if someone is taking advantage of them.  Time, patience, and a willingness to supply lots of information and let people to get to know me always helps.

When asking for easements offer to cover all costs.  Notary, Recording, Legal, Fence Moving, and such.

I do not gun the engine on the buggy, quads, bike, or truck because I know that some folks passenger cars have to drive over the same road. (tearing it up is for the BLM and OHV lands.)

MY FAVORITE FENCE SUPPLY CATALOG IN KENCOVE MUCH OF THIS IS ALSO AVAILABLE FROM JIMS SUPPLY

Ask for Kencove’s catalof there is a lot of great installation information in it.

High tensile wire is probably the least expensive and easiest fence to put up.

I AM NOT A LAWYER DISCLAIMER

Disclaimer – This document and any files transmitted with it are confidential and contain privileged or copyright information. You must not present this message to another party without gaining permission from the sender. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify us.

If you have received this message in error, please notify the sender immediately, and delete this message from your system. We do not guarantee that this material is free from viruses or any other defects although due care has been taken to minimize the risk.

Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of  someone else.

If you need a life or other expert assistance, the services of a competent priest/rabbi/imam/shaman/accountant/doctor/shrink/lawyer or whatever you are into should be sought.

This blog/email/webpage may contain copyrighted ((c)) material. The fair use of a copyrighted work, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright. This constitutes a ‘fair use’ of any such copyrighted material as provided for in Title 17 U.S.C., § 107 of the US Copyright Law. This material is distributed for nonprofit educational purposes. If you are the copyright owner and you disagree with my use of your copyrighted material, please let me know and I will replace such material with a note saying that you are a censor, book burner and evil person.

I / this email / blog / webpage / website / letter  (hereafter “this website”) will abide by, adhere to, accept responsibility for, endure under and act with respect toward the following disclaimer:

By accessing this website, a web browser (hereafter user) is consents that s/he is familiar with, understands and absolutely accepts the following disclaimer:

The views expressed by the authors on this website do not necessarily reflect the views of this website, those who link to this website, the author’s mother, father, sister, brother, uncle, aunt, grandparents, cousins, step relations, any other blood relative and the author himself, this website’s web host, template designer, or any other organization, service, motto, logo, insignia or avatar in any way connected with this website.

Comments on this website are the sole responsibility of their writers and the writer will take full responsibility, liability, and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The accuracy, completeness, veracity, honesty, exactitude, factuality and politeness of comments are not guaranteed.

All trademarks, service marks, collective marks, design rights, personality rights, copyrights, registered names, mottos, logos, avatars, insignias and marks used or cited by this website are the property of their respective owners and this website in no way accepts any responsibility for an infringement on one of the above.

Although it may claim otherwise, this website does not offer legal, medical, psychiatric, veterinary, gynecological, archaeological, astronomical, astrological, ontological, paleontological, philosophical, axiological, audiological, bacteriological, mineralogical, criminological, terminological, dermatological, ecclesiastical, campanological, phrenological, phonological, technological, hematological, campanological, neurological, psychobiological, urological, ufological, typological,, mythological, hydrological, xylological, zoological, logical or any other kind of professional advice. Nothing on this website should be construed as professional advice including, but not limited to, the above list.

The information provided on this website is of a general, broad, sweeping, large, wide-ranging, wide-reaching and wide-spread nature and cannot substitute for the advice of a licensed professional or chiropractor. A competent authority with specialized knowledge is the only one who can address the specific circumstances of your predicament. We can try, but this disclaimer frees us of any liability if negative consequences result from our efforts.

Please contact your local bar association, law society, neighborhood association of jurists, medical board, county hospital, phone book, online directory, local emergency number in your jurisdiction, mother or Google to find a or obtain a referral to a competent professional. If you do not have reasonable means of contacting an attorney-at-law, lawyer, civil law notary, barrister, solicitor, medical professional, coroner or any other professional in the area of your inquiry, meaning you are an orphaned, computer-illiterate social hazard, please exit this window and get your life in order.

This website has no control over the information you access via outbound link(s) in the post text, sidebar, header, footer or comment sections. This website does not endorse linked website(s), cannot guarantee the accuracy of any information found by following said links or the correctness of any analysis found therein and should not be held responsible for it or the consequences of a user’s use of that information. If you are curious about the veracity of something you find, please follow the directions in the above paragraph and consult the appropriate experts.

This website may inadvertently link to content that is obscene, prurient, useless, hate-filled, poisonous, pornographic, frivolous, empty, rotten, bad, disgusting, hostile, repulsive, virulent, infectious, malignant, antagonistic, irritating, obnoxious, harsh, embittered, rancorous, resentful, acrimonious, pestilential, baneful, noxious, toxic, venomous, pernicious or repetitive. This website in no way condones, endorses or takes responsibility for such content.

This website publishes content regularly and said content is maintained in reference to the protections afforded it under local, provincial, state, martial, federal, international and mafia law. Publication of information found on this website may be in violation of the laws of the city, county, state, country or other jurisdiction from where you are viewing this website’s content and laws in your jurisdiction may not protect or allow the same kinds of speech or distribution. In the case that the laws of the jurisdiction where this website’s content is maintained and those of yours conflict, this website does not encourage, condone, facilitate, recommend or protect the violation of any laws and cannot be responsible for any violations of such laws.

Because the World Wide Web is an integrated net of communication, discussion and litigation, this website encourages the distribution of its content. Cross, reciprocal or just plain friendly hyperlinking is consistent with this information sharing and this disclaimer should not be construed as a condemnation of any linking practices. That said, any reproduction of this website’s content must credit the website by name and Uniform Resource Locator (URL). Should you link to this domain or use, reproduce, republish, regurgitate, repeat, reiterate, rebound, reecho, reverberate, mimic, imitate, parrot or duplicate the information contained on this website, you alone are responsible for that action and should, under threat of litigation, credit this website by name and URL.

This website is not recommended for inmates, ingrates or anyone professing an irrational fear of cats or any other mammal, those who have a penchant for time wasting, illiterates and lawyers. Women who are pregnant or may become pregnant or are nursing are advised to consult their husband and physician before reading this website. Eating before reading may result in unhealthy indigestion. Not recommended for people over the age of 120.

Some of the above comes from  Herche’s Blog Disclaimer.

I can only provide my opinions, thoughts, and ideas. Your opinions, thoughts, and ideas are just as good as mine. You should always make your own decisions and/or seek professional advice before implementing my thoughts, opinions, ideas or what I say. You have no reason to believe anything I believe or say. I am just a ordinary person, like you. All pictures, logos, and copyrighted materials are property of their respective owners/companies. I am not responsible for any comments left on this blog. I am not responsible for any content of advertising clicked from this blog. I am not a lawyer and do not take any responsibility for rashes, financial ruin, or anything else that follows from applying this information. All content is strictly prohibited from being republished unless proper approval is received from me. If you like a story and would like to send it to someone via email, you may do so. I am not responsible for any accuracy of website content nor take responsibility of any content. You should assume that I benefit from showing advertising on this website. I am not responsible for any advertising content.


2 responses to “Easements! What me worry?”

  1. With that said IN MY OPINION it is a lawyers job to tell all clients that they have a chance at winning. If they told you that you had no chance you would not pay their retainer and start writing checks every few weeks for thousands of dollars.

    IN MY OPINION:

    Easement Law is one of the least understood legal areas. 99.9% of people have never heard of Implied or by Necessity Easements but almost everyone claims to be an expert in Prescriptive easements. (The worst and hardest kind to obtain)

    A smaller percentage of people know what the average cost is for litigation of easement rights ($73,000 for EACH side).

    Almost no one knows that the courts in California have only left one parcel landlocked.

  2. vince says:

    Dear Bill,

    Thank you for the informative letter. My name is Vince Bruno, I have a 10 acre parcel about 5 miles down split mt.road from hwy. 78. I am located accross from the Hewet propety. I share your views on the topics you mentioned in your letter. I believe the Hewets and the Olsens would also concur. Mr. Hewet is quite knowledgeable on most thing Ocotillo, he told me years ago about the existing easements. Lucky me, my neighbor just fenced off the easement !!!!! My Cell # is 760 271-6905 Thanks,

    Vince