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Montecito Country Club Landscaping Easement Dispute

Montecito Country Club Landscaping Easement Dispute

In the quiet and luxurious community of Montecito, California, a legal dispute between homeowners and the Montecito Country Club has captured attention. This disagreement, which started over landscaping and land use, ended up in court and resulted in a strong legal decision. At the center of it all are questions about easement rights, property boundaries, and what happens when neighbors don’t agree.

In this article, we’ll explain what the dispute was about, what the court decided, and what it means for others living near golf courses or properties with shared land agreements.


What Is an Easement?

Before we dive into the story, let’s first understand what an easement is.

An easement is a legal agreement that gives someone the right to use part of someone else’s property for a specific purpose. Easements are common between neighbors and often used for things like roads, utility lines, or access to shared areas. In this case, the Montecito Country Club had an easement that allowed it to use a portion of nearby homeowners’ land for maintenance and access around its golf course.


The Dispute Begins

The trouble started when Kevin and Jeannette Root, who live next to the Montecito Country Club, made some changes to the part of their land that falls within the club’s easement. They installed landscaping, hedges, a retaining wall, and even moved soil in that area. They did this without getting approval from the club or its legal owner, Ty Warner — the billionaire behind luxury hotels like the Four Seasons Biltmore and the creator of Beanie Babies.

The country club claimed these changes made it difficult for their groundskeeping staff to maintain the golf course. They said the Roots had blocked a key access point and violated the terms of the easement agreement.


Taking the Matter to Court

The Montecito Country Club filed a lawsuit against the Roots in Santa Barbara Superior Court. The case, known as Montecito Country Club, LLC vs. Kevin and Jeannette Root (21CV02227), came before Judge Donna Geck.

The Roots argued that they believed they had permission to landscape the area. However, the court found that the only person who could grant such permission was Ty Warner himself, and he had not given it. Even if someone else at the club had told the Roots it was okay, it wasn’t legally valid.


The Court’s Ruling

On July 30, 2024, Judge Geck ruled in favor of the Montecito Country Club. The decision was very clear:

  • The Roots were not allowed to install any landscaping, hedges, or walls in the easement area.
  • The court ordered the couple to remove all the changes they had made at their own expense.
  • They were required to restore the area to its original condition, so the country club could use it for its intended purpose.
  • The court also kept the case open, which means it will oversee the restoration process and make sure the Roots follow the court’s orders.

Why This Case Matters

While this may seem like just a local disagreement, the case has bigger meaning for homeowners and property managers across the country — especially those living near golf courses, parks, or shared-access areas.

Here are some key lessons:

  1. Easements Are Serious Legal Agreements
    If your property has an easement, you cannot treat that part of your land like it is entirely your own. Even if it’s on your side of the fence, the legal rights might belong to someone else.
  2. Permission Must Come from the Right Person
    In this case, the homeowners claimed they had received informal permission. But the court said only Ty Warner, the club’s owner, had the legal authority to approve changes. Always make sure to get written permission from the correct legal authority before making changes to an easement area.
  3. Costly Mistakes
    The Roots now have to pay to remove everything they added and restore the land. This likely involves high costs for demolition, landscaping, and legal fees. This shows how expensive it can be to ignore or misunderstand an easement.
  4. Access Rights Matter
    For the country club, access to its golf course is not just about convenience — it’s about business. Groundskeepers need space for carts, tools, and maintenance. If a neighbor blocks that, it affects the whole operation.

What Happens Next?

Now that the court has ruled, the Roots must begin removing the hedges, wall, and any other changes they made in the easement zone. The court will monitor the restoration and may check back to ensure the land is returned to how it was before the dispute began.

It’s also possible that other homeowners near the Montecito Country Club could face similar questions. If they’ve made changes in easement areas without approval, they may need to undo those changes or seek proper permissions.


Final Thoughts

The Montecito Country Club landscaping dispute reminds us that in real estate, what you think is “your land” may not fully be yours. Easements are complex and legally binding, and they can lead to big problems if not respected.

For homeowners, it’s important to:

  • Read your property documents carefully.
  • Understand where easements are located.
  • Always get written approval before making changes to shared or restricted areas.

And for property owners like country clubs or neighborhoods with shared land agreements, this case highlights the importance of clear communication and proper documentation.

In a community as beautiful and high-end as Montecito, it’s not just about how the land looks — it’s about who has the legal right to use it.

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