Legal Question in Real Estate Law in California

property dispute

Three home on easement- all homes to use easement in common for ingress and egress- easement is supposed to be northerly 16 feet of properties - front home has reduced the easement size by 5 feet by planting plants on north side of easement and their fence overlaps easement by 1 foot on south side. Is this legal and what rights do we have to contest this?


Asked on 6/16/09, 4:43 pm

1 Answer from Attorneys

Thomas W. Newton Tims & Newton

Re: property dispute

The accurate answer to this question will depend in great measure on the wording of the document that created the easement in the first place. However, as general proposition, when several properties share an easement, the owner of one property can't use the easement in a way that impairs the full use of the easement by the other property owners.

I'd suggest you contact an attorney who focuses on real property law, and who has experience with easements. You may be entitled to equitable relief against the offending owner.

Best of luck,

Tom Newton

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Answered on 6/16/09, 8:04 pm


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