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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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I own property in Mariposa Co. CA. My neighbor has easement

Customer Question

I own property in Mariposa Co. CA. My neighbor has easement across my property and refuses to keep the perimeter gates closed and locked. I have given him a key to the locks. Do I have any recourse?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.

You can sue them for improper use of the easement, failure to maintain the property.

(Unfortunately, these easements are very tricky and rely on a very detailed evaluation of your easement language, so prior to suing, I would highly recommend speaking with a local attorney to review your deed and confirm your rights with regard to the specific language in your easement).

These matters are really best resolved short of litigation. 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.

You do not need to be represented by a lawyer in mediation, but you can if you feel it will help.