Grading in road esmt

[TIB]

The language in my clients deed includes: "reserving therefrom the easterly 20 feet for road purposes"..
The same 20' strip is also listed as a Schedule B item of Title Report This is in a rural area. There is rutted out old dirt road (jeep trail) in this area that is rarely used. Someone has been doing some substantial grading in this area. Client is concerned. It appears that someone has been dumping unwanted dirt and rocks there then pushing it around with a dozer
To what extent can others (having been granted that 20' strip for "road purposes" use this area. If they claim the fill is for building a road with the fill, then what? How much can natural ground and rutted out jeep trail be changed/altered by parties with rights to that 20' strip for road purposes?
Thanx
TIB

[mpallamary]

Civil Code:

845. (a) The owner of any easement in the nature of a private
right-of-way, or of any land to which any such easement is attached,
shall maintain it in repair.
(b) If the easement is owned by more than one person, or is
attached to parcels of land under different ownership, the cost of
maintaining it in repair shall be shared by each owner of the
easement or the owners of the parcels of land, as the case may be,
pursuant to the terms of any agreement entered into by the parties
for that purpose. In the absence of an agreement, the cost shall be
shared proportionately to the use made of the easement by each owner.
(c) If any owner refuses to perform, or fails after demand in
writing to pay the owner's proportion of the cost, an action to
recover that owner's share of the cost, or for specific performance
or contribution, may be brought by the other owners, either jointly
or severally. The action may be brought before, during, or after
performance of the maintenance work, as follows:
(1) The action may be brought in small claims court if the amount
claimed to be due as the owner's proportion of the cost does not
exceed the jurisdictional limit of the small claims court. A small
claims judgment shall not affect apportionment of any future costs
that are not requested in the small claims action.
(2) Except as provided in paragraph (1), the action shall be filed
in superior court and, notwithstanding Section 1141.13 of the Code
of Civil Procedure, the action shall be subject to judicial
arbitration pursuant to Chapter 2.5 of Title 3 of Part 3 (commencing
with Section 1141.10) of the Code of Civil Procedure. A superior
court judgment shall not affect apportionment of any future costs
that are not requested in the action, unless otherwise provided in
the judgment.
(3) In the absence of an agreement addressing the maintenance of
the easement, any action for specific performance or contribution
shall be brought in a court in the county in which the easement is
located.
(4) Nothing in this section precludes the use of any available
alternative dispute resolution program to resolve actions regarding
the maintenance of easements in the small claims court or the
superior court.
(d) In the event that snow removal is not required under
subdivision (a), or under any independent contractual or statutory
duty, an agreement entered into pursuant to subdivision (b) to
maintain the easement in repair shall be construed to include snow
removal within the maintenance obligations of the agreement if all of
the following exist:
(1) Snow removal is not expressly precluded by the terms of the
agreement.
(2) Snow removal is necessary to provide access to the properties
served by the easement.
(3) Snow removal is approved in advance by the property owners or
their elected representatives in the same manner as provided by the
agreement for repairs to the easement.
(e) This section does not apply to rights-of-way held or used by
railroad common carriers subject to the jurisdiction of the Public
Utilities Commission.

[Ian Wilson]

I would suggest communication.

How about asking why the dirt is there? It may well be for rebuilding the road to bring it back to use. It may be that the person doing the grading didn't know where the easement is.

Get information first without assuming that everyone is out for nefarious purposes.

[Olin Edmundson]

.

[dedkad]

Depending on how much dirt is being moved, a permit from the County could be required.

[LS_8750]

It sounds as tho that someone dumping dirt and rocks, assuming within the limits of the "jeep trail" road right of way, is not your client. It also sounds like your client is the dominant tenement. Is the grading intended to improve the road? Or, is the grading impeding your client's ability to use the right of way?

[TIB]

thanx for the great answers. All true. Not quite sure yet which elusive party is doing the dumping. I'm gonna go out there this week to see if it looks like grading for a road or dumping debris
TIB