Photo by Christina Kennedy
Ventura Land Trust purchased the Mariano Rancho property in the hillsides above Ventura in 2020, permanently protecting it from development.
After a decade of attempts, Ventura Land Trust (VLT) was able to secure the 1,645-acre Mariano Rancho by completing an expedited purchase of the property in “as-is” condition, meaning VLT acquired the property without resolving all concerns before closing. Those concerns included encroachments by neighboring landowners.
An encroachment occurs when one property owner builds or extends a physical feature onto a neighbor’s property. This results in the use of land that does not belong to them and on which they are not paying property taxes. The Mariano Rancho property has experienced encroachments from several of its approximately 55 neighboring landowners. Ventura Land Trust is now working with its neighbors to address these disturbances and return Mariano Rancho to its undeveloped, open space condition.
Why would Ventura Land Trust want to remove these encroachments?
As part of Ventura Land Trust’s accreditation by the Land Trust Alliance, and our subsequent Policy Statement on Property Encroachments, VLT is required to monitor its property boundaries so that continuous encroachment does not cause the land trust to lose any part of property that it owns. Our funders and supporters have invested millions of dollars in Mariano Rancho, Harmon Canyon, and other properties that VLT owns. VLT owes them and the public a fiduciary duty to maintain and protect that land. Simply put, to maintain our accreditation with the Land Trust Alliance and the faith and trust of our community, VLT cannot knowingly permit encroachments upon land we own.
Ventura Land Trust is also responsible for maintaining its property boundaries to perform vegetation clearance to reduce the threat of wildfire to homes. More generally, VLT is working toward fencing property boundaries of Mariano Rancho and Harmon Canyon to keep preserve visitors from trespassing onto our neighbors’ properties and to provide a clear delineation of both its and its neighbors’ rights and obligations.
Ventura Land Trust is working with its neighbors to remove encroachments from the Land Trust’s properties, with a current focus on Mariano Rancho as part of VLT’s work toward opening the property to the public. Some encroachments are minor, such as beehives or construction materials placed behind a neighbor’s back gate. Others are more substantial, such as retaining walls and hardscape features. VLT works to resolve encroachments on a case-by-case basis, as the slope severity, soil composition, plant community, and impact of each encroachment is different. VLT endeavors to remove encroachments from its land and delineate the property boundary with a physical marker (i.e. fence or otherwise) to minimize the risk of future encroachment.
VLT monitors the property boundaries of all of its properties regularly. When an encroachment is discovered, VLT contacts the neighboring property owner to set up a meeting to identify the boundary and provide an opportunity to correct the trespass. Ideally, the neighbor will choose to remove the encroachment so the area can be restored to its natural state. In the rare circumstance where a neighbor will not respond to VLT or is unwilling to remove their encroachment, VLT will seek legal support to require the neighbor to remove the encroachment from VLT’s property and repair any damage they may have caused.
In such circumstances, VLT relies on support from a legal insurance program called Terrafirma, which is offered through VLT’s participation in the Land Trust Alliance. This program gives VLT access to a team of experienced, highly successful land-use attorneys at a very low cost, which allows land trusts to enforce their property rights.
VLT understands that many encroachments onto its properties reflect its neighbors’ enjoyment of the open space adjacent to their property rather than any malicious intent. VLT strives to be a good neighbor and find reasonable solutions for these circumstances. At the same time, as an accredited land trust and a trusted community nonprofit organization, we have a mandate to remove encroachments from our lands, and prevent any future encroachments from being developed. This sometimes requires a difficult balance between being collaborative neighbors, good community members, and responsible land managers.