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Ask Tina Your Own Question
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I am the second parcelof 3 on a private road. IThere is a

Customer Question

I am the second parcelof 3 on a private road. IThere is a deeded 25' Public Utility . I was the first of the property owners to build, and I put in the road. After that, the first parcel on the roadway was developed. n nAt a hearing I agreed for some minor maintenance dissues that the prtopery owner could use the road. That Property had accsss on 3 sides and did not had alternate options. At the current time, the property owner adjaceent to the first pparcelo keeps utilizing our driveway to access his property, The parcels we built on were paart of a stand alon 20 acre grape vineyard. He contijnuallyy causes damage to the road, parks vehicles at the end of the driveway ets. The owner of the first parcel claims to have the right to grant easement access, never helps repair damage etc. Local law and Count Permit Department says it is a civil issue and refuses to take action. I have been advised that any Civil Action could take 1 to 11/2 years and cost $40,000 .
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Can the 1st property owner legally grant access from a Deeded Easement? The adjacent property owner lilkes to utililze our Easement because he does not damage his own property. Last Wednesday had a Propen companyh come o9ut and rtemove and reset a tankk utilizing my Right of Way. Caused damage to Roadway and left Tank on my Property. I need to find a permanent resolution
JA: Has any paperwork been filed?
Customer: NO. I do not know what is required and am trying to get a feelding for my legal rights before pursuing a legal action.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have had the Sheriff Department out as recently as this morning. The adjacent propertty owner assured them that he was given permission by the owner of the 1st parcel on the road and would enter at will. Talked to Property Owner #1 who states that he legally owns the Right of Way that fronts is property and can grant access as he dlikes.
Submitted: 8 months ago.
Category: Real Estate Law
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 8 months ago.
Cancel request for phone call response, I can always utilize that option if needed
Expert:  Irwin Law replied 8 months ago.

Without a survey there There is no basis to dispute the claims of any of the property owners that they legally own the road or right-of-way, whichever it is. Also, if it is right-of-way is in a dedicated road, each person who purchased land along the right-of-way should have been given an access easement to use the road, but would have no right to go upon other properties or cause damage to them by their use of the road. The usual remedy in cases such as yours is to sue the offending property owner for an injunction. An injunction order can be to deny the use entirely down to restricting how it is used by the offending neighbor. I can't say if the time and cost estimate you received is accurate or not. The facts you presented are not clear enough to hazard a guess and where you stand legally.

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