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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 30307
Experience:  30 years of real estate practice experience.
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We purchases a house in California and when we read the

Customer Question

We purchases a house in California and when we read the title it stated that also own an easement for drainage on our neighbors northerly 16 feet of property. About a year before we purchased the our house the neighbor build a pool house on the easement. What rights do we have?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Loren replied 8 months ago.

Good afternoon. I am Loren, and I look forward to assisting you.

If the neighbor is interfering with use of the easement then you can sue them to enforce the terms of the easement.

So, it is not, necessarily, improper or unlawful to add improvements on the drainage easement unless it interferes with your use. If it does you can demand they remove the improvement interfering with your lawful usage. If they refuse then you will have to sue to enforce your easement.

Customer: replied 8 months ago.
How do you decided when a drainage easement interferes with the use. Since the building is there the water can't run into that area. The easement is on a downward slop so that we can drain on to their property.
Expert:  Loren replied 8 months ago.
If the water can not drain then the building is interfering with the usage and if they do not move the building then you can sue.
Expert:  Loren replied 8 months ago.

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