Legal Question in Real Estate Law in California

Re: Easement Access to property

This is somewhat hard to answer unless I saw the actual layout of the property. Sometimes I can make your recommendation or you can mark the locations where your neighbors vehicles or their visitor's vehicles should not park. Market by assigning or painting the area, etc. the next thing short of litigation would be seek the aid of a good real estate attorney who will write your neighbor a letter and see if the neighbor is willing to deal with this without litigation. Sometimes the threat of going to court is sufficient to wake somewhat up to deal with it before that must occur.I have practiced law in the San Francisco Bay Area for over 30 years in this specialty if you wish to contact me please feel free to call me at 925 -- 945 -- 6000.

Re: Easement Access to property

an easement is an interest in property, and as the dominant holder of the easement you have certain, definite rights against the servient estate (your neighbor). however, it may prove quite difficult to effectuate your rights here absent some form of verbal or legal confrontation against your neighbor from a practical standpoint. however, if you do want to enforce your rights and want a free legal consultation by phone, email us with your contact information today.

Re: Easement Access to property

Well, if prior contacts have been "to no avail," I doubt that some kind of confrontation can be avoided. However, as with most things in life, there is a right way and a wrong way to handle this.

First, assuming you do indeed have an easement and that your use of it is within what is permitted, obstruction of your use is a kind of trespass and (in legal theory) you are entitled to a remedy of some kind, such as damages or even an injunction to prevent future interference.

As a practical matter, in a neighbor-to-neighbor situation and to avoid unnecessary lawyer fees, your first step is not to jump in and file a suit. You should, however, give your neighbor a polite but firm (and legally accurate) demand.

To do this, I suggest retaining a local real-estate lawyer for the limited (and thus not too expensive) purpose of checking the validity of your easement, then writing a formal demand to the neighbor, appropriate to the situation.

Re: Easement Access to property

It appears your neighbor has not intent on allowing the easement to be used without interference, etc. Need letter to them from counsel and if not work, possibly action in court.