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Neighbor destroying easement asphalt

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nanomug

Member
California - A section of our driveway and parking area is on an easement on our neighbors property. The neighbor is in the process of removing the asphalt from these areas creating a drop of approx. 4 inches in the middle of the driveway for approx. 30 feet and a drop of approx. 4 inches for approx. 8 feet deep and approx. 30 feet wide. This renders the easement unusable for the purpose it was intended ingress, egress and vehicular parking. The easement was granted in 1989 long after the driveway was built. Neither the neighbor or ourselves were owners when the easement was granted. Do the neighbors have the legal right to render the easement unusable? What can be done to stop this?
 
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lwpat

Senior Member
You need to take pictures and have an attorney write him a letter. Why is the removing the asphalt?
 

nanomug

Member
He is removing the asphalt (we think) for spite because we no longer allow him to use our driveway to reach their back yard from the access road (they have their own driveway from the main road). His wife told the sheriff that her attorney said that they could do it. Yes, we are taking pictures. They have drilled holes on what they think is the property line (we dispute) and have dug up some asphalt. Oddly enough they want to use our driveway for their contractor to put in their new driveway from the access road. Our attorney is out of town this week. We have a call in to him. It just didn't seem right that removing asphalt that would render the easement unusable would be legal.
 

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