A
alias5570
Guest
What is the name of your state? CA
When I bought my property 3 yrs ago, I was aware that the next door neighbor had a front courtyard wall, that extended almost to the side of my house, obviously on my property -there was a gate on her property that we needed to enter in order to get to that side of our house - the wall basically encloses her courtyard and restricts access to the side of my house. When we moved in, she mentioned that the wall restricted us from accessing that side of the wall, so she maintained an open gate. We've always been friendly and discussed building a joint fence between our properties (side yard), and partially removing her wall to put a gate down in order for us to walk down the length of our house, without going through her courtyard. However, now she is claiming she has a prescriptive easement and is not "permitting" me to build or alter the area in any way, basically because she doesn't want to pay for the construction. I got a survey done and I want to put up the fence that we both agreed to previously, and I'm going to pay for it all myself. My question is (1) doesn't she need a reason to claim an easement, because she doesn't need to walk anywhere near the side of my property, so it's not "a right of way", she even has potted plants on the courtyard that are at least 5ft away from my house, so she obviously maintains some kind of boundary.(2) if it restricts me from "enjoyment" of my own property, then isn't here some law preventing her from claiming it, and (3) if she calls the cops, can they stop me from building a fence on my side of the property, considering I have the survey papers showing the legal boundaries?
When I bought my property 3 yrs ago, I was aware that the next door neighbor had a front courtyard wall, that extended almost to the side of my house, obviously on my property -there was a gate on her property that we needed to enter in order to get to that side of our house - the wall basically encloses her courtyard and restricts access to the side of my house. When we moved in, she mentioned that the wall restricted us from accessing that side of the wall, so she maintained an open gate. We've always been friendly and discussed building a joint fence between our properties (side yard), and partially removing her wall to put a gate down in order for us to walk down the length of our house, without going through her courtyard. However, now she is claiming she has a prescriptive easement and is not "permitting" me to build or alter the area in any way, basically because she doesn't want to pay for the construction. I got a survey done and I want to put up the fence that we both agreed to previously, and I'm going to pay for it all myself. My question is (1) doesn't she need a reason to claim an easement, because she doesn't need to walk anywhere near the side of my property, so it's not "a right of way", she even has potted plants on the courtyard that are at least 5ft away from my house, so she obviously maintains some kind of boundary.(2) if it restricts me from "enjoyment" of my own property, then isn't here some law preventing her from claiming it, and (3) if she calls the cops, can they stop me from building a fence on my side of the property, considering I have the survey papers showing the legal boundaries?