Easement dispute

What is the name of your state? California

I own property with a driveway easement and my neighbor is destroying many plants and fences without my permission. He's just being mean because he drives on the "other" 20' of the 40' easement.

I understand that he has the right to pass but not destroy.

What do you kind folks think?

THANKS, and I love your web site...this is my first post but my 10th time here.

Ellenski

Q: I understand that he has the right to pass but not destroy. What do you kind folks think?

A: I think you are correct. Put up a fence protecting your property, leaving him enough room to pass.

THANK YOU Senior Judge...

Can he destroy the plants and stuff on my easement? I was moving the fence today...but the plants and trees I can't move.

THANKS again...

Ellen

He cannot destroy your plants or any other property; he must pass only on the roadway; it makes no difference if the written easement is 40' feet but the driveway is 20' feet wide.

He cannot drive in the wild on the unmaintained or undeveloped parts of the easement.

It is up to you to develop or maintain the easement on your own property; protect yourself but don't hinder from free ingress and egress to his land.