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Ask LawTalk Your Own Question
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37790
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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We have a neighbor whose property is landlocked by ours. We

Customer Question

We have a neighbor whose property is landlocked by ours. We all agree he has the right to travel the road to his property, this has been the understanding (no recorded easement) for years. The problem has arisen with the new owner. He states he has the right to maintain the road and in doing so has doubled the width of the road in the past five years. We run cattle on our property and he has removed cattle grazing land In he process of "maintaining" the road. Recently, he has added a remote security gate to the entrance of his property and trenched and placed a keypad post on our property- without permission. We live in rural California.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: We are meeting next week. I'm trying to do some research and wondering what type of information I should provide. I have taken pictures showing the change in width of road as well as the recently installed key pad on our property. This is further complicated by the fact the neighbor gave my parents a right of way over his property ( we have property on the other side of his, as well) in lieu of his trenching a line for his telephone. He is now saying this agreement was never made, despite the fact we have crossed his property to access ours for years.
JA: Anything else you think the lawyer should know?
Customer: I think this covers it.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The neighbor has no legal right to place a gate on your property nor do they have the right to expand the width of the road that they are using to travel to and from their property.

The only potential right that they will have is one of an easement of necessity and that will not allow them to make changes to your property of any kind that is not specifically authorized by the court. Certainly no widening of the lane or gating of your property will be allowed by the court.

The attorney you will be seeing can benefit from a copy of your deed----to show whether there is any previous easement over your property, as well as photos of your property, the roadway and the gate.

As for the easement you claim over the neighbor's property, if there is no writing memorializing that easement, then you would have to show either a similar easement of necessity, or a prescriptive easement. Your lawyer will explain how to go about establishing the easement allowing you to access your other property.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,