Legal Question in Real Estate Law in California

Re: Can easement rights be handled in small claims court?

No, they can't. Easement rights cases can only be handled in Superior Court.

You should consult with an attorney now to see how to enforce your rights. As a practical matter, I'm assuming you need to use that easement. In addition, you want to make sure that the other owner doesn't try to argue that you have abandoned your easement.

Re: Can easement rights be handled in small claims court?

No ... small claims is for money issues only.

Re: Can easement rights be handled in small claims court?

It is theoretically possible if you can prove damages, but I would strongly advise against it. If you are unable to work things out peacefully with your neighbor, the better course of action is to file a declaratory relief lawsuit in superior court that includes a request for an injunction that prohibits your neighbor from interfering with your right to use the easement. You should also include a cause of action for quiet title to get confirmation of your right to use the easement.

In limited circtumstances, a small claims court might willing to issue a "conditional" judgment. A conditional judgment gives the defendant the option of modifying behavior or facing a money judgment. However, the small claims court his not authority to issue orders beyond a conditional judgment. If you neighbor can afford to pay the judgment, you have gained nothing.

Re: Can easement rights be handled in small claims court?

No. You seek decaratory relieve and quiet title to unique land. How do you know you have the easement? Is it recorded?