Legal Question in Real Estate Law in California

Easement equal encroachment?
We have new neighbors that are purchasing the house next door. They claim that a 3' x 100' foot section of our property is actually theirs. This same section of property is listed on our Title as an easement. We have told the neighbors a number of times and shown them the Title and Deed papers. They continue to say they don't care and have now excavated and poured a 2ft high retaining wall on our property. Two ?'s: 1) How do we proceed in order to restrain them from continued work, require them to remove the wall, and extinguish the easement which was granted in 1946 and no longer serves the purpose it was intended for....walkway and stairway purposes, and previous owners of the property next door have closed off the easement by closing off the entrance/exit. 2) Due to the fact that someone is putting claim to a portion of our property that is stated as being ours in our Title, does the Title Insurance Co. have any obligation to defend us?

Asked on 3/30/98, 9:13 am

Marc Weissman Weiss & Weissman, Inc

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0 attorneys agreed

Neighbor's Encroachment

I am not exactly clear about your particular fact situation.

Please get to a local lawyer quickly.

Bring him a copy of your title report, a picture, and a sketch so he can visualize the situation.

You can get a Temporary Restraining Order and but the title company probably will not defend the possession since they did not cause the problem.

But see a local lawyer quickly.

Answered on 4/14/98, 2:31 pm

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