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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Miners keep cutting our fence to cross our drive way which

Customer Question

Miners keep cutting our fence to cross our drive way which is also a P G E right of way to get to their claim. They can walk up the canyon next to the road to get to their claim.Are there laws against useing our driveway,and if there is who do we get to enforce it.this is also within Los Padres National Forest
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 11 months ago.

Good morning Dorothy,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades.

The PG&E right of way belongs solely to the utility company and cannot be transfected to, or used, by anyone else---simply because they may want to use it.

Not only are these miners trespassing on your privately owned property, but they are also destroying your property (cutting the fence) in the process---both of these are misdemeanor crimes.

Unfortunately, because your property is located in a national forest, it may be the police employed by the park service who would be the only one's capable of enforcing the criminal laws and prosecuting the miners---in federal court for the violations.

However, if you can identify who is doing this, you can sue the individuals yourself for trespass and destruction of your property and seek not only damages for the harm done but also punitive damages for the intentional destruction of your 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 11 months ago.

Good evening Dorothy,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very reasonable charge I can offer you a private phone conference.

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 for your rating of my service, It is greatly appreciated,


Expert:  LawTalk replied 11 months ago.


Is there anything else I can assist you with?