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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3686
Experience:  Experienced real estate lawyer and real estate broker.
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We have a neighboring sewer lateral that was discovered on

Customer Question

We have a neighboring sewer lateral that was discovered on our property in the process of replacing the main sewer line. Neighbor's lateral was cut off when trench-less system was used. Neighbor hired someone else to repair without our knowledge or approval, now desiring to sue us! Subdivision of property occurred in May, 1928, however there's no Easement on record. Neighbor's house which sits above ours was built in 1935, our house in 1952. With no Easenent on file, did they, or the City of San Luis Obispo, California, have the right to conduct work on our property without our knowledge or approval? If not, what recorded do we have? Thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.

With no easement recorded, under California law, neither the neighbor nor the City of San Luis Obisbo has a right to come onto the property or to do any work on your land without your express consent.

If they do, you have a claim for trespass and a claim for damages.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.