Easement encroachment rights?

Question

I have an easement as a part of my property so that two neighbors can access theirs. One is a vacant lot. The owner of that property started building a bridge accross the creek to access his property. (This was done before I purchased the property.) Apparently, this was done without a permit & the county put a stop to the construction of the bridge before it was completed. The neighbor abandoned the project - leaving behind all of the lumber & steel support. Now what was built is starting to fall apart & is an eysore as well as dangerous. Can I require he remove the structure & materials? If he refuses, can I have it removed & charge him for it? Also, do I have any liability if someone were to be injured on it?

Answer 1

This is a tough one! I would consult a real estate attorney, they will know what your rights are in this situation. I'm thinking that you might be able to get the county or homeowner's association (if you have one) to make that neighbor clean up their mess if it is a safety issue and an eyesore. As for the rest of it I'm not sure. But I do think that you would be liable if someone was hurt on the structure cause it is still on your property. It does not sound like a good situation - I would definitely contact an attorney!

Answer 2

As I understand your statements and questions, it is your neighbors that have the easement to pass through your property on their way to their property. You further ask what action can be taken to force the neighbor clean up his property. At this point, you do not need to pay an attorney. If they will give free advise, then listen. But don’t pay them anything until you do a little research to see if you can pressure the governing authority to do what they are supposed to do.

Sometime in the past the previous owner of your land “granted” an easement to others and allowed future users to access the back property, or right to pass through the land where you now live. This may have been during a lot split or other division of land. This would not give you a right to trespass onto their property.

You really cannot compel or require another person to clean their property or behave in a particular way. You can however, complain to the authority that has the power and obligation to enforce a law, regulation or ordinance if one exists.

Start with a visit to the county seat and stop by the Planning Department to learn more about the permitted uses for the neighbors land. There may be zone-use regulations that prohibit constructing a bridge on the property. You have already mentioned that county ordered him to stop work (until a permit is secured) and he abandoned the project. You may discover that the owner is in violation of other county laws or ordinances that regulate land use.

Find out what body of county government is charged with enforcement of the land use element of the county general plan. Look into filing a complaint with the folks that enforce zoning ordinances, code enforcement or other similar duties.

Also, if the debris constitutes a fire hazard, then fire department may order clean up of the land. Consider, describing what the neighbor has done as an attractive nuisance, and ask the county counsel to take steps to abate the nuisance.