Legal Question in Real Estate Law in California

Easement

My house was built in 1939 and sits on the property line. My new neighbor installed a No Trespassing sign. I have been maintaining the outside of my house for 11 years which includes painting and trimming back the neighbors bushes about 10''. This property is located in California. Do I have a right to maintain the outside of my house and trespass upon my neighbor's property to do this?


Asked on 10/04/07, 4:47 pm

2 Answers from Attorneys

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

Re: Easement

I have researched this zero-lot-line issue in the past, and my recollection is that there is case law favoring an implied easement for maintenance of the building from the neighbor's property because that is the only way it can be done. If I recall, the existence of the easement depends upon the subdivision and the construction having been legal at the time done. This would be an implied easement, and might only include the right to maintain the side of your house, but not to prune and trim vegetation.

In addition to the implied easement, you probably also have an easement by prescription to do all those things you've done for 11 years.

Making use of your easements is not trespassing; it is the exercise of a right. I would gently inform the neighbor of this and offer to mediate or negotiate any disputed aspects.

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Answered on 10/04/07, 6:36 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Easement

I would agree with Mr. Whipple's assessment. I do believe that you have an easement right to maintain your property. Try first with the neighbor.

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Answered on 10/05/07, 11:50 am


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