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new fence across old easement

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Beagle walker

Junior Member
What is the name of your state (only U.S. law)? California

There exsists a utility easement between my neighbor's property and mine. The property line for each parcel is at the center of the easement. The easement has also been used, historically, as a public thourghfare and is included in almost all maps. There was a bridge that exsisted until the creek that runs under it flooded a few years ago and washed it out. While no longer passable by vehicle, it has been heavily used by joggers and walkers, including myself (it IS my property).
Long story short, cooky neighbor lady gets in a tiff with another neighbor lady walking her dogs and decides that this is HER road and starts telling people they're tresspassing on HER property and erects a gate and fencing across the entire easement and onto my non-easement side of the property line. She then went to as many people as would listen and said that I gave her permission to do so. One of many untruths she has told of late. She "gave" my husband and I "permission" to pass through "her" gate. How benevolent of her, but I want the gate removed, at least from my side of said easement. What rights do I have in doing so?
 


FarmerJ

Senior Member
Start with getting a current survey done that marks the boundrys of your property that includes metal pins. Get a copy of the recorded easement to have on hand . Then send her a registered return reciept letter with a copy of the survey showing her encroachments onto your property and tell her if she doesnt remove them in (reasonable time frame ) you will have no choice but to see a Atty , and sue her for encroaching on your property and blocking the easement. If she still will not remove them carry the threat out and go see a atty . There is a possibility that she will back down and comply once she gets a letter from a Atty.
 

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