In Montecito, California—a community known for luxury homes and scenic coastal hills—a legal conflict between homeowners and a private golf club has drawn attention beyond its local boundaries. The Montecito Country Club Landscaping Easement Dispute isn’t just about a few shrubs and a retaining wall. It’s a revealing case about land use rights, easements, and how even small property changes can lead to major consequences in high-value neighborhoods.
How the Dispute Started
This easement battle began when homeowners Kevin and Jeannette Root, who live adjacent to the Montecito Country Club, decided to renovate their backyard. They removed an old hedge, added new landscaping, regraded the land, and installed a retaining wall. Their goal was aesthetic—improving privacy and curb appeal. However, the area they altered was not fully their own.
That strip of land falls under an easement granted to the Montecito Country Club, which is owned by billionaire Ty Warner. The easement had been in place for decades, granting the club limited rights to use and access the land for club-related purposes, like golf cart paths or maintenance. When the Roots made these changes without approval, they stepped into a legal mess.
Why Easements Can Get Complicated
An easement is a legal agreement that allows a third party to use a portion of another person’s land for specific reasons. In this case, the country club held easement rights on a piece of land located on or near the Roots’ backyard. Those rights were not symbolic—they gave the club real, enforceable power over what could and could not be done with that land.
Even though the Roots owned their home and the lot, their landscaping changes were seen as interfering with the club’s easement rights. According to legal filings, they had been told explicitly by the club’s representatives not to proceed. Still, the couple went ahead with their upgrades, assuming the changes were harmless.
The Lawsuit and Legal Ruling
In 2021, the Montecito Country Club filed a lawsuit (Santa Barbara Superior Court Case No. 21CV02227), represented by attorney Leila Noël. The argument was clear: the Roots altered land the club still had rights over, and they did so without permission.
After three years of court proceedings, Judge Donna Geck issued a ruling on July 30, 2024, siding with the club. She confirmed the easement remained enforceable and that the Roots had violated its terms. The court ordered the homeowners to:
- Remove all landscaping modifications, including the retaining wall
- Regrade the land to its original form
- Restore the area at their own cost
- Permit the club to monitor compliance and inspect the restoration
Legal analysts estimate that reversing the modifications could cost the Roots over $25,000, not including attorney fees. The ruling sent a strong message: easements are serious, and disregarding them can lead to expensive legal and financial fallout.
Why This Case Matters in Montecito and Beyond
Montecito is not just any neighborhood. With multimillion-dollar homes and high-profile residents, even minor land disputes can become significant. This case tapped into broader concerns about property rights, neighbor relationships, and land value in exclusive communities.
Impact on Property Values
Luxury buyers often expect flawless land ownership. When a home is involved in a public legal dispute over easement violations, it can raise red flags. Real estate agents in the area say that while some buyers value club access and order, others worry about rigid rules or hidden legal risks. The Montecito case could shift buyer behavior, especially among those unfamiliar with easement law.
Community Reaction
The dispute has also divided opinion locally. Some residents back the club, saying easement rights protect long-term community planning. Others sympathize with the Roots, viewing them as homeowners penalized for simple backyard improvements. Online forums and neighborhood meetings have reflected rising tensions, and some now call for clearer communication between homeowners and organizations like the country club.
What This Teaches Homeowners About Easements
There’s a bigger takeaway from this case: understand your property rights before making changes. Easements are more common than people think—especially in planned communities, near golf courses, or utility corridors.
Step 1: Always Review Property Documents
Before making landscaping upgrades or structural changes, homeowners should check title reports and easement agreements. In the Roots’ case, they misjudged how much control they had over the land and disregarded prior warnings. A quick consultation with a real estate attorney could’ve saved them from years of legal trouble.
Step 2: Get Approval in Writing
Even if you think you own the land, ask for permission when an easement is involved. In this case, Ty Warner—the sole person with approval authority for the Montecito Country Club—had already declined the landscaping proposal. Ignoring that rejection was the tipping point for the legal case.
Step 3: Communicate With Neighbors and Easement Holders
Property disputes often come down to miscommunication. Had the Roots pursued further discussion or sought mediation before starting construction, the outcome might have been different. In high-stakes communities like Montecito, where property values are sky-high, relationships between neighbors and organizations matter more than ever.
What’s Next for the Montecito Country Club
Following the court’s decision, the club now has clearance to proceed with its long-term plans for the easement land, which include cart paths and maintenance access. They also plan to restore the area with native plant species, aligning with local environmental goals and calming community concerns about excessive development.
Some Montecito residents are now advocating for more structured communication and mediation processes when land rights disputes arise. Others are pushing for better transparency about easement terms when buying property, so homeowners understand their obligations from day one.
Final Thoughts
The Montecito Country Club Easement Dispute is a cautionary tale for anyone living near shared-use property. It shows how one mistake—removing a hedge or adding a wall—can trigger years of litigation, strained neighbor relationships, and significant financial loss.
The message is clear: know your rights, respect shared agreements, and communicate openly. Because when it comes to property in places like Montecito, even the smallest patch of land can come with very big stakes.
