Legal Question in Real Estate Law in California

There are many ways an easement may arise - express easement, implied easement, prescriptive easement, easement by necessity, easement by dedication, etc. You are not going to receive reliable legal advice about your property rights by posting a question on the internet. It is impossible to say what your rights and obligations are with respect to a claimed easement without reviewing the deeds in question. Having said that, I would not resort to "self help" by installing a new fence before confirming you have the legal right to do so. Please feel free to give me a call at (805) 659-6800 if you would like to further discuss. This is me: https://www.fcoplaw.com/attorneys/joshua-hopstone/. Have a great day.

I agree with Mr. Hopstone that there are several ways that easements can come into existence, and some of them do not require a writing or an agreement. Further, easements can be terminated by causes not based on any agreement or intention of the parties, such as the ending of the necessity for the easement or cessation of the purpose. Sure, most easements result from written and recorded instruments, but by no means all. I suggest negotiation with your neighbor to bring out more facts and to find out how much he knows about the law of easements; then try sitting down with a mutually-chosen lawyer for an informal conference to get some professional input. I generally advise neighbors to avoid litigation while alternatives for out-of-court resolution exist.