Fence on an easement (California)

[mingbayf]

ThanksWhat is the name of your state (only U.S. law)? California

I bought a PUD unit which happens to be a Zero Lot Line Property in California about a year ago.

It has an unique (weird) property boundary design; where my property line runs into my neighbor's backyard, so the sidewall of my house lays entirely within my lot, but my neighbor has easement to that piece of land so they can enjoy their backyard.

And to compensate that, my neighbor's property line runs into my front yard, but I have easement to that small strip of land as well.

When I first moved in, and wasn't familiar with all these complications, my neighbor started to build a short wall on my front yard, and they insisted that they have rights to do so because they are building it on the property line, and they never formally (or even informally) asked for my agreement. Now that I have a better understanding of situation, my question is that can they build the wall on a piece of land where I have easement to and blocks my entrance to that piece of land? especially without asking for my agreement? In this case, they fenced in both the land that's my property but they have easement to in their backyard, and the land that's their property but I have easement to. It just doesn't seem to be fair. What can I do in this situation? Can I tell them to remove that short wall in my front yard? or can I trade with them and get that piece of their backyard back?

 

[HuAi]

Post the exact easement language. If it's for ingress and egrees and the wall now blocks it, pay an attorney $100 to draft a demand letter on the atty's letterhead and have it sent to neighbor.

 

[mingbayf]

From my CC&R

(3) Sideyard Easements.

(a) An exclusive easement for the use and enjoyment as a private sideyard area of one or more Sideyards as depicted on Exhibit A attached hereto, which easements shall be appurtenant to the Dominant Tenenant and shall burden one or more Serviant Tenenants as set forth on Exhibit A.

(4) Restrictions on Sideyard Use.

(d) Except for the fences and other improvements established as part of the original construction upon the Servient Tenement, and except as may be authorized by the Development Restrictions and the County of San Bernardino, no fence, wall, pool, Jacuzzi, other subterranean improvements or structure of any kind shall be constructed within or upon the Sideyard. Any improvements constructed within a Dominant Tenement contiguous to a Sideyard shall comply with any applicable requirements of the County of San Bernardino including, but not limited to, setback requirements.


[highlight]Exhibit A:[/highlight] http://www.badongo.com/pic/3956726

I am in Unit 18, and the neighbor in Unit 17 has built a short wall to fence in the little strip of land in my front yard that is striped and marked "USE EASEMENT FOR UNIT 18" without my permission.