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The city has taken an easement on my land and is changing the topography to install a trail. Is this allowed?
The land is being raised so much that I can now see the "trail" site from my window!
3 Answers
- ca_surveyorLv 78 years ago
Well, first off, the City can not "take" an easement from you without equitable compensation which means they paid you for it. (Unless the easement already existed and you did not know about it). If the source of the easement concerns you should contact the City.
Second... if it is an easement it is limited to whatever rights and obligations were conveyed to the City when it was granted. If the are shaping a trail they can contour the land WITHIN the easement but do not have the right to change the land outside of it nor to trespass on your land without your permission. If this is your concern you should also contact the City and perhaps a lawyer.
- ?Lv 78 years ago
Yes
I have a feeling your "easement" is actually the public right of way.
Instead of griping, you should be happy, their improvement just raised the resale value of your house.
