Legal Question in Civil Rights Law in California

We have a road comitee and I am the president we took a vote to pave the road on the dedicated utility easement only to find the servient tenent of the easement to move his fence 18 ft encroaching on the 60 ft. easment and telling us to offset the centerline of the road as he still owns the land. he is now atempting to fence the other side only giving us a 20 ft road access is this legal, what are our rights he is a stuborn SOB and we are told to just tear it down can we be arrested ? he filled a restraining order on me last year to keep me away from the fence, it was setteled out of court with him sign ing a leeter by my attorney that if we pave the road he is to move the fence, only now to say move the center line of the road.

What can we do we are paving in 3 weeks


Asked on 4/28/11, 8:56 am

1 Answer from Attorneys
Joe Marman Law Office of Joseph Marman

I handled these before. You have to carefully read the easement grant documents. There is also prescriptive eawsement analysis if ther road has been in use adverse to the servient tenement owner for more than 5-7 years.

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Answered on 4/28/11, 9:01 am


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