Legal Question in Real Estate Law in California

we have owned property with fence lines for 20+ yrs. No problems. The neighbor (1)next to us died property was sold and awhile later(2)neighbor that used 1st neighbor fence called about wanting an easement as 1st neighbor wouldnt let him use the gate any longer. There were discussions and then nothing. The property is 1 hr away. Recently I saw that our gate has been moved and the fence between us and neighbor 2 is cut so said neighbor can get to property. Is there anything i can legally do?


Asked on 6/10/10, 8:16 pm

1 Answer from Attorneys

Without reviewing the relevant deeds and getting a clearer explaination of the facts, I can't say for sure. It seems, however that neighbor 2 is guilty of trespass and property damage, which you can sue for. The one thing you do NOT want to do is let him continue to use your property to access his. If you do not make arrangements for him to have permission, but he keeps doing it, he my acquire a right to an easment by proscription.

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Answered on 6/11/10, 2:13 pm


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