Posted by: Bonnie Phelps | April 25, 2017

History in the Making – Easement Update

birch hill heart 2017

History in the making!  After over 100 years, most of Birch Hill has now recognized ‘legal access’ by the county.  The photo shows the Lodge area in the upper left.  The old Road Survey 453A going out, into Birch Hill, connects with the red markings showing original roads on Birch Hill.  We have letters and maps provided by the county, giving our title company the authority they need to plot the roads. Five escrows closed over the past few months with the ‘red road’ taking them right to their doors.  Hooray for clear title so most lenders now can provide a loan or re-fi for your properties on that map.

When the easement project had its beginnings in 2005, approximately 80% of the properties on Palomar showed up as ‘landlocked’ on title reports.  Now, approximately 80% have plotted access, removing the landlocked wording, showing clear title.

However, we still have a small pocket of properties to resolve in the ‘Heart’ of Birch Hill.  

Rob Hawk, has volunteered to help head up this last need for clear title for Birch Hill.  Rob has served on the PMPO in the past and is a property owner on the mountain.  He is retired from the City of San Diego as Senior Geologist and Deputy City Engineer, both in land development and public works. He has a working knowledge of what needs to be done. Rob will be contacting property owners and potentially working with a surveyor.  Legal descriptions would be worked out for the existing road. Then, clear access, finally granted to the very last property owners in the heart of Birch Hill.

These properties are all landlocked on title.  The properties affected are burdened with easements for the road, and have been for burdened with road easements going back to 1885.  The language wasn’t done properly so that is what needs to be resolved.  The goal is to continue to travel on the pre-existing roads, as traveled for over 100 years, but with a legal, deeded access for EVERYONE.

We would love to have this completed within a year.

Other areas on Palomar have some access needs that may be addressed at some point to remove the clouds on title.  Time will tell.  A very sincere thanks to Mike Pique and Rob Hawk and others for their support and work done to come this far in securing this deeded legal assess.

For more back ground, see also Easement and Loans on Palomar and Easement Progress on Palomar

Bonnie Phelps




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