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.