Have a good attorney 1) send a letter notifying them you have an easement and demanding they remove or else you will sue them, 2) if no prompt response file a property lawsuit seeking declaratory and or injunctive relief as needed 3) after filing, seek temporary restraining order and preliminary injunction. I have a feeling they might remove it with the right attorney demand letter. The statute of limitations varies.

Let me know if you want me to handle this for you.

Best,

Daniel Bakondi, Esq.

danielbakondi@yahoo.com

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

I would demand in writing that your neighbor restore the property as it was to protect your easement. I'd give 30 days for a response. If your neighbor refuses, litigation may be an option. However, make every attempt to accomplish without incurring excess costs and upsetting neighbor. The Statute of Limitations could vary depending on additional facts. Please call if you need an assist. 951-847-0154.

www.flvlaw.com

It is better to act upon the problem ASAP but since it is a continuing trespass the statute of limitations should not start until the fence is removed [although what damages you can collect is effected by the statute.

An advantage to asking for declaratory relief alone is that your case would be entitled to an expedited trial date. A disadvantage is that you probably wouldn't be entitled to damages, but that may not be what you're after.

"Declaratory relief" is a cause of action (type of lawsuit demand) in which the plaintiff asks the court to declare the parties' rights under a law, contract, deed, or other disputed instrument or set of facts. It involves a trial without jury, and may be the most suitable thing to go for if you have to go to court.

Have a real-estate lawyer review the documents or facts upon which you base your right to an easement (sure sounds like you have one), then write a demand letter. That should work. If the neighbor doesn't remove the fence, file and serve the suit to show you mean business, but remain prepared to negotiate an out-of-court settlement (in writing).