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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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We have a piece of property next to our house that has

Customer Question

Hello, we have a piece of property next to our house that has an 80' easement for the neighbors to use as an ingress/egress. They have a 10' wide driveway for this purpose. However, new tenants have moved in and planted bushes on the property that we do not want there. What can we do?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
You can remove the plants - an ingress/egress easement does not entitle them to plant on your property.However, rather than just removing the plants, I would recommend contacting the neighboring owner and having them deal with their tenant.If you cannot reach an amicable resolution through direct negotiations with the owner, I would try one further step before either simply removing them yourself, or filing a court action against the tenants for trespass, and that would be mediation - it is a good way to avoid a protracted and potentially expensive court action over a set of plants. (See my note on mediation below).Mediation: Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.
Customer: replied 2 years ago.
If the easement was a prior agreement between two previous residents, is there a way to disolve the easement?
Expert:  CalAttorney2 replied 2 years ago.
Was the easement recorded, or was this just an informal (oral) agreement between neighbors?
Customer: replied 2 years ago.
we don't know
Expert:  CalAttorney2 replied 2 years ago.
You definitely need to find that out.
A recorded easement cannot be unilaterally terminated, but an oral permission to pass can be.