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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37862
Experience:  16 years real estate, Realtor. Landlord 26 years
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I live in CA and have a non-exclusive general road and

Customer Question

Hi,
JA: Hi. What is your issue regarding?
Customer: I live in CA and have a non-exclusive general road and utilities easement across our property. My neighbor is building and their contract just cut and removed soil from our property with out our permission. I have asked them to cease and desist. Do I have a stand.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Califormina
JA: Has anything been filed or reported?
Customer: as far as complaint? They have a permit for the driveway
JA: Anything else you want the lawyer to know before I connect you?
Customer: That is it, just want to ensure my cease and desist stance is correct.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Are they removing soil from the area covered by the easement or from your private property attached to the easement property?

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thanks

Barrister

Customer: replied 4 months ago.
removing soil from the area on the easement. It is a 50' easement with 25' on our side and 25' on their side. They designed their driveway on our side.
Customer: replied 4 months ago.
Do you need any other information?
Expert:  Barrister replied 4 months ago.

Ok, then if they have the right to construct a road across that area, then they have the right to do whatever it takes to construct that road. And that would likely include removing soil so as to be able to grade and put town any foundation for the road..

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But they can't enter onto your private property that is not in the easement area.

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thanks

Barrister

Customer: replied 4 months ago.
Thank you, ***** ***** contact the county as well.
Expert:  Barrister replied 4 months ago.

You are very welcome. Happy to help anytime.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister