Legal Question in Civil Rights Law in California
Mailboxes on my property
I had my property surveyed and discovered that our cul de sac's bank of mailboxes are on my property. I want them relocated off my property for various reasons. 1st, the continual noise associated with people picking up mail at all times of day and night is very disruptive to the enjoyement of our home and causes my dogs to bark. 2nd, When I water my yard, the mail can get wet and 3rd, we want to fix our fence and the boxes are against our retaining wall. The Post Office supervisor says they don't have to move them because once a postal route is established they have the right to keep it that way and also that the permission of the owners of the mailboxes is required. It is quite disturbing that we need permission to remove someone else's property off of ours and that we would need the permission of the neighbor who leaves his car running and music blaring when he picks up his mail. He has established himself to have irrational and volitile behaviour and we don't want to have anything to do with him. A neighbor called to tell us he has screamed at our dogs and physically attacked them on our property while we were out. We just want the boxes off our property. What are our legal options?
2 Answers from Attorneys
Re: Mailboxes on my property
First question is: how long have the mailboxes been located there?
2nd question: do any CC&R's regulate your housing development, and if so, do they mention anything about mail box placement.
3rd question: if you're not the original property owner, is there an easement to the post office in your property's chain of title?
Re: Mailboxes on my property
Although the mailboxes are located on your property, there is almst certainly an express or implied "easement" (google for it) which gives the post office and your neighbors the right to use the mailboxes.
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