California Surveyors Forums

I have client who has an easement for a well and appurtenances on his neighbor's property. There is a disagreement between the two parties and my client would like to have the easement staked. The easement was executed in 1999 and never recorded. The easement is also only dimensioned with a length along an existing roadway and a minimum width of 12'. There is a rough sketch of the easement included in the agreement with a length shown and no other data. The easement was not monumented as far as I can tell.

The only defining location of the easement is "along an existing road", "minimum 12' wide", and "approximately 603' long".

My client would like this easement staked. Would you stake it? If so, how? I can only think to walk along the road and put lathes along the edge of the road and make sure they're at least 12' apart. Any ideas?

I would have the dominant tenement record the easement deed. I would locate the physical road and be certain it is 12’ wide. If it doesn’t comply with the 12’, I would design the easement to be at least 12’ at the appropriate side. I would design the easement to be along the physical edge of the existing road, where it exceeds a 12’ width. I would monument the easement with durable monuments and file a Record of Survey.

I think it is our duty to help our clients avoid litigation. You say there is a disagreement between your client and the neighbor. What may that be? Is it the location of the well? Or is it the servant tenant doesn’t want the well on his property anymore?

Also, is the neighbor the same person who signed the easement deed? If so, they did agree at one point to this easement. If not could be different story??? (Deeds of Trust)

Do you know if both parties are agreeable to creating a new easement deed with a new location for the well?

If both parties are not willing to resolve this issue then I would recommend the deed be recorded to serve as constructive notice. It may or may not hold up.

As far as locating the easement you say “along an existing road” that means 603 feet along the centerline of the road as it was in 1999 and 12 feet wide.
Who wants a well in the middle of their road?

That is my 2 cents..

and FILE a MAP