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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102506
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Water easement? We had a water easement 30 years.

Customer Question

Water easement? We had a water easement for over 30 years. They sold property around us to a developer approx 12 years. The developer has since built 80 unit of apartments around us, in building they removed our water easement line and relocated it. The line is now buried under there road, sidewalks and dumpster containment. and is very deep. We use to maintain the old line for years. We never agreed to the changing of easement or signed off. Are we now responsible to maintain and repair this new line. Hope this enough information. And can you recommend a list of attorneys in Sacramento or Placer County Calif.
Thanks Norm Johnson
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.I am sorry to hear about this situation. This is a common question and it falls back on "who maintains easement?"1) First look at the actual easement language. If the easement states who is to be maintaining it, then it controls.2) If the easement is silent, then one falls back on common law. The owner of an easement (called "dominant estate," the one that benefits from the easement) generally bears the responsibility for its maintenance in California. Rose v. Peters (1943) 59 Cal. App.2d 833, 835 [139 P.2d 983].3) However, if #2 applies, this duty to maintain is not absolute: If the easement states otherwise or curtails the maintenance somehow, then the owner is bound by it; andt he owner can only maintain it to the point necessary to allow the benefit of the easement to continue.So that controls. If there are issues about who SHOULD maintain and argument as to whether 1,2, and/or 3 apply, or if you never signed the easement but that it still applies to you, then this would have to be settled in court. A party would have to file a QUIET TITLE action and let the Court decide. Perhaps a THREAT of this would have the other individuals agree to a settlement to avoid litigation.Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.