My question involves an easement in the state of: Calif.
I am 1 of 18 residential parcels who have 2 easements in and out of our area. The 1st is along the side of school property, with students, etc., 5 days a week. The 2nd is through a public park; THIS easement crosses a stream, and it has been discovered that the bridge / culvert is failing, so the park has semi-permanently installed posts to keep traffic from crossing, stating that the residences can travel through the school grounds.
It has recently been discovered within the last month that the easement through the park is our DEEDED, appurtenant easement, while quitclaims are on file for the school easement that were signed by the residences back in 1980.
We have notified the Park District that they now have 18 residences land-locked. Their answer is that they don't have the money to fix the bridge (both the park AND the school have used this easement for their own purposes, including driving school buses over the culvert in the past)...
I know that it is illegal for the park district - or anyone, for that matter - to leave a property land locked by virtue of an obstruction, but searching through Calif. state laws on-line, I cannot find anything that specifically STATES as such. I see website after website saying they cannot do this, but I need a legal reference that I can present to them. Can anyone give me the Civil Code # or other reference point regarding obstruction of easements?
Thanks in advance-
I am 1 of 18 residential parcels who have 2 easements in and out of our area. The 1st is along the side of school property, with students, etc., 5 days a week. The 2nd is through a public park; THIS easement crosses a stream, and it has been discovered that the bridge / culvert is failing, so the park has semi-permanently installed posts to keep traffic from crossing, stating that the residences can travel through the school grounds.
It has recently been discovered within the last month that the easement through the park is our DEEDED, appurtenant easement, while quitclaims are on file for the school easement that were signed by the residences back in 1980.
We have notified the Park District that they now have 18 residences land-locked. Their answer is that they don't have the money to fix the bridge (both the park AND the school have used this easement for their own purposes, including driving school buses over the culvert in the past)...
I know that it is illegal for the park district - or anyone, for that matter - to leave a property land locked by virtue of an obstruction, but searching through Calif. state laws on-line, I cannot find anything that specifically STATES as such. I see website after website saying they cannot do this, but I need a legal reference that I can present to them. Can anyone give me the Civil Code # or other reference point regarding obstruction of easements?
Thanks in advance-
Maintenance and Repair: Unrepaired Bridge Leaves Parcels Landlocked
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