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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12398
Experience:  JD, MBA
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My neighbour has a access easement over my property to her

Customer Question

My neighbour has a access easement over my property to her property. Now she is starting to rent her house to 10 to 12 people and this will increase the vehicle traffic through my property. Do i have any rights to stop the amount of traffic. The recorded easement does not have any restrictions but i believe it was not intended for this kind of traffic. i live in California in a rural area. There is not other access.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.
You are correct in that the neighbor cannot expand the easement to anything beyond it's original intended use. If there is just one house on the neighbor's property, then I would certainly consider 10 to 12 people and multiple cars to be beyond the scope of the easement.
Your option in this situation is to sue for an injunction against the neighbor. Before actually filing a lawsuit, however, it would be prudent to send the neighbor a cease and desist letter (preferably written and sent by an attorney so it has teeth). The letter would state that the easement is being abused and used beyond the scope of its intention, and that the neighbor must immediately cease and desist. If not, then you will be forced to seek a remedy at law, including the likelihood of filing a lawsuit.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.