• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Easement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

leannc

Junior Member
What is the name of your state? California. My question is "Does my neighbor have a right to drive on our property to get to his property?" There is a public drainage easement on our property with a road that ends several houses after the end of our property. The builder placed a gate at the beginning of our property to keep the public out. The gate is ours to maintain. Our neighbor drives on our property (via the public drainage easement) to get to their property which is a small patch of land located just beyond their rod iron fenced backyard. We say if they want to access their their small patch, they should install a gate in their backyard fence. Currently, without our permission, they are building a pool and have given all of the contractors access via our gate and property. Are we right to insist they have no rights to access their property via our property by way of our public drainage easement? Also, they do not have a use and benefit easement allowing them to drive through our property. They have a recorded public drainage easement for the 25' of road that passes through their property (past our property line.
 


leannc

Junior Member
Update

I was surprised that I received no responses. With a little bit of research we were able to find out that we are not required to give our neighbors access through our property via the easement.
 
S

seniorjudge

Guest
leannc said:
I was surprised that I received no responses. With a little bit of research we were able to find out that we are not required to give our neighbors access through our property via the easement.
You are correct. Lock the gate.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top