Legal Question in Real Estate Law in California

My parents bought 40 acres in N. Ca. in 1973. At that time my father and I fenced and gated the property. The deed states we are to give 30 ft. easements on our south and west property boundry. The land was not occupied for 37 years. In that time the people that bought the land to the south built a 60 ft. wide easement road on the east side of my property without permission or notice of any kind. They just tore out the fence and made the road even though legal easement is on the next parcel to the east. Can I close this road and hold them responsible for damages?


Asked on 2/08/16, 7:13 am

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

My approach would be to find a surveyor who is also a reasonably good public speaker who could testify credibly, and have the road, as constructed, surveyed as to its physical location relative to the deeded easement. Then, you'll be in possession of facts that you can use credibly in court and you'll have an expert witness to present them. Taking action without having expert testimony available is likely to result in an adverse result, and is well worth the investment.

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Answered on 2/08/16, 9:18 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I meant, of course, that it is well worth the investment to get a survey done before going to court.

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Answered on 2/09/16, 7:38 am

I agree COMPLETELY with Mr. Whipple. Get a good survey done before you do anything. If the survey shows all or part of the road is not within a legal easement, hire a lawyer to guide you through the next steps. Engaging in "self-help" such as blocking the road or tearing it out is a really good way to get sued, making you look like the bad guy even if you are right. You may be able to take such steps and sue, but it's not something to just go off and do without careful legal planning and guidance. I have 30-years experience with these kinds of cases, and practice throughout California. So if I can be of further assistance, feel free to contact me.

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Answered on 2/09/16, 12:27 pm


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