Easement Violation

What is the name of your state? CA

On my property, there was a Grant Deed recorded between the original owners of my property and the original neighbor. At the time, the backyard was just a dirt lot on a corner lot. My original owner made a mutual agreement that his neighbor could cut across the back 15' of our yard to access a cottage unit in the neighbor's backyard. So this easement is to be maintained as an open thoroughfare at all times. There are no rights for utilities. It isn't recognized by the city and there is no driveway. The current tenant renting from the current owner continually parks his car and any visitor's car there too. What can I do to stop people from parking on my property. If the Deed isn't followed, what recourse do I have. I want to get rid of the easement and get this 700 sq ft back so I can build a new garage. If they aren't living up to the deed what can I do? Thanks for your response.

Chris

[HomeGuru]

[quote]Originally posted by kilika
[b]What is the name of your state? CA

On my property, there was a Grant Deed recorded between the original owners of my property and the original neighbor. At the time, the backyard was just a dirt lot on a corner lot. My original owner made a mutual agreement that his neighbor could cut across the back 15' of our yard to access a cottage unit in the neighbor's backyard. So this easement is to be maintained as an open thoroughfare at all times. There are no rights for utilities. It isn't recognized by the city and there is no driveway. The current tenant renting from the current owner continually parks his car and any visitor's car there too. What can I do to stop people from parking on my property. If the Deed isn't followed, what recourse do I have. I want to get rid of the easement and get this 700 sq ft back so I can build a new garage. If they aren't living up to the deed what can I do? Thanks for your response.

Chris

**A: review your easement agreement. If it is only for purposes of ingress/egress then parking in the easement area is a violation.

This access road is just for ingress/egress. It doesn't have the verbage but it does say must be maintained as an open thoroughfare. What can I do to get this easement back?

[HomeGuru]

Write to the owner to intruct his tenant accordingly. If that fails take both the owner and tenant to small claims court.

I have mailed a letter complete with photos of the tenant and visitor parking on our property. I'm actually dealing with a good friend of the deceased owner, who died over a year ago. He has been helping out the sister who I presume is inheriting his properties. He has been pretty cooperative in the past. I got him to go halves on a new fence and trim his trees. I mailed the letter about the tenant parking his cars and how I would like to work out reversing the Joint Tenancy Grant Deed, to get rid of this easement. In doing so their tenant would still have access from the front of their property. How much long should I wait to send a second letter? And then go to small claims?

Thanks,
Chris

[HomeGuru]

15-30 days.

Thanks for your input.

[HomeGuru]

No problem. I hope everything works out.