P
Peppermint Patt
Guest
What is the name of your state?California
When we purchased our home 7 years ago, there was an existing 20' easement for utilities and access on either side of the property line. We agreed to keep the easement at that time. A new person purchased the property next door in Sept 2003 and asked us last spring to abandon the easement. We were advised by realtors and lawyers not to abandon the easement, which provides the driveway for both of our properties. We advised that we would not abandon the easement. We also were asked to help maintain the driveway which is on the easement, last winter. Since it was wet and muddy, we told our neighbor that we would not maintain the roadway until it dried out as it would be useless anyway to fill the wet potholes. Our neighbor also asked us if we would help him build a fence on the property line which would keep us from being able to access our property, We said no. Now he is suing us to get the easement abandoned because he says we will not help pay for a fence and will not maintain the roadway. We did re-grade the roadway last July. Also on the 20' of easement on our side of the property line, there is a 30 yr old willow tree and our front lawn. This was established prior to our purchase.
Can he make us give up the easement?
When we purchased our home 7 years ago, there was an existing 20' easement for utilities and access on either side of the property line. We agreed to keep the easement at that time. A new person purchased the property next door in Sept 2003 and asked us last spring to abandon the easement. We were advised by realtors and lawyers not to abandon the easement, which provides the driveway for both of our properties. We advised that we would not abandon the easement. We also were asked to help maintain the driveway which is on the easement, last winter. Since it was wet and muddy, we told our neighbor that we would not maintain the roadway until it dried out as it would be useless anyway to fill the wet potholes. Our neighbor also asked us if we would help him build a fence on the property line which would keep us from being able to access our property, We said no. Now he is suing us to get the easement abandoned because he says we will not help pay for a fence and will not maintain the roadway. We did re-grade the roadway last July. Also on the 20' of easement on our side of the property line, there is a 30 yr old willow tree and our front lawn. This was established prior to our purchase.
Can he make us give up the easement?
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