How to File a Trespass Upon Easement in California

Not everything on your property may be yours.

The famous lyrics "this land is my land, it is not your land" may not always ring true for a property owner in California. If another party has a legal easement, or usage right, on a part of the property, then the land technically belongs to both parties, although only the principal owner would hold the title deed. But in instances where you, as the easement owner, believe the principal owner has wrongfully encroached upon your easement, you might be justified in filing a trespassing claim. Much depends on the nature of the easement and encroachment.

Instructions

1. Distinguish the term "easement" from "adverse possession." In California, you can only claim adverse possession, or squatter's rights, essentially, if you've been using the land at least five years, you pay property taxes and you have a title deed for the land you occupy. An easement, on the other hand, is just the legal right to use someone else's property.

2. Speak with the property owner. Try to resolve the dispute with the owner first. Ask him if he's willing to have the property lines redrawn so that you can become the legal owner of the land instead of merely the possessor of the easement.

3. Verify the easement. Go to the county recorder's office to obtain proof that you indeed hold an easement on the property. The current owner may not be aware of an easement you obtained while the property was owned previously by another person.

4. File with an insurance company. In some cases, a property owner may have damaged some of your property on the easement. For example, tree roots on the owner's property may have spread and damaged your pipes buried on the easement grounds. File a claim against the property owner's insurance company to receive compensation for the damages.

5. File a lawsuit. As a last resort, sue the property owner. Keep in mind, though, that the property owner has the right to use the easement land. You can't rightfully claim that he's trespassing upon the easement unless he interferes with your use of the easement. If he has indeed trespassed, consult a lawyer to file a suit in the proper court system.

References

• Hoge Fenton: Boundary Law -- Summary: FAQs
• Nolo's Guide to California Law; Lisa Guerin, et al.
• California Department of Transportation: California Adverse Possession
• James Maurer: Adverse Possession