Easement problems

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?

This is confusing. The easement is on your land or his? Who benefits from the easement? If a utility owns it, it's the utility that has to surrender the easement, not you.

answer

The easement runs 20' on either side of our property line. I have a 20' easement on his side of the line and he has a 20' easement on my side of the line. The gravel driveway runs like an "s" across the property line, using parts of the easement on both sides. On the 20' that is on his side of the property line there is dirt and a field. On my side of the property line, within the 20' easement, is part of my front yard. It has landscaping, lawn and a 30 year old willow tree. It would be impossible to use this area for a driveway at this time. The property has not changed since either of us purchased our pieces. We both use the driveway to access our residences. There is no reason why he can't build a fence 20' from the property line on his property and then we could both still use the driveway, but he wants to build the fence on the property line, therefore he is suing me to relinquish the easement.

This is a pissing contest. Let him waste his money. OR, you could tell him o.k. I'll abandon the easement just the second you build me a new driveway on YOUR land. It should only cost about $40,000.

He will lose.

The easement runs with the land so it is not a choice to keep it or not.

Thanks

Thanks for your answers. I have been told that he has no case, but meanwhile he is wasting my time and money for a lawyer, until (if) I win. I needed your support! Thanks. Peppermint Patty