Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

I have an easement on the side of my neighbors property for

I have an easement on...
I have an easement on the side of my neighbors property for water and sewer. a Oleander bush (Large bush) was planted on top of my water lines and broke them in several places. I fixed a break last year due to these roots and itwas expensive. The pipes broke again and my neighbor is being, terrible. Whose responsibility is it to fix the pipes. It is her bush on top of my pipes and I mean planted right on top.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: california
JA: Has any paperwork been filed?
Customer: no. I have never seen the easement. There is no indication on my deed. she says there is an easement on hers
JA: Anything else you want the lawyer to know before I connect you?
Customer: i don't think so. thanks
Show More
Show Less
Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
She is demanding I have an engineer come out, at her conveince, and see if the leak damaged anything. It is muddy, yes but that is all. I had a friend, who is a licensed engineer in California come over and he said the same thing it is muddy. Also, said it is clearly her tree on top of the lines. This easement was in force before either of us bought these properties.
Answered in 11 minutes by:
7/4/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30,761
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

She is welcome to have an engineer come out at her convenience and expense. However, since she caused the leak, she is responsible for the cost.

Ask Your Own Real Estate Law Question

Your neighbor has an obligation to use and enjoy her property in a manner such that it does not interfere with the easement. If her bush is causing problems, shes needs to not only repair the pipes, but remove the bush.

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
do I get to ask a few questions for the price. That was not clear.

You can ask as many questions related to the easement as you need to understand your rights and obligations. Questions on other topics would go on a separate page. (No additional charge.)

Ask Your Own Real Estate Law Question

The statute of limitations for property damage in California is three years. What that means is, if your neighbor will not work with you, you could sue her for the cost of repairing the current damage AND the money you had to spend last year. It's possible telling her that will make her more likely to negotiate with you to fix the current issue.

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
She wants me to fix everything. I have tried to contact her. I did not know her number and could not catch the renters at home. I have been having issues with the water for over a month. She told me she reported the leak so she knew about it well before I did and did not excercise due dilligence. I do not feel this is my expense. I did the right thing and was fixing it and I guess I got a little out of where the easement is and she blew up. I told her it was that or her trees had to be removed which she refused. I was trying to do the nice thing and get, screwed, as always.
Customer reply replied 5 months ago
There is no mention of any easements of any kind on my deed. she says it is on hers

You can go to the county and get a copy of her deed, showing the easement.

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
anything in particular I should look for in the easement description?

You have two options. One is to pay to fix your pipes (not her property, just your pipes), then go to Small Claims Court and file for a refund. Again, you can seek reimbursement for both times you had to fix the problem. The benefit of this approach is that you'll get your water fixed faster. The downside is that you have to pay upfront.

The other option is to sue and ask the judge to order her to repair the pipes. But that can take a few weeks.

Ask Your Own Real Estate Law Question

Ordinarily, you'd want to look to see if it says who is supposed to maintain the easement. But because she's planting on it and knowingly interfering with your pipes, that won't make a difference for getting these expenses reimbursed. She's on notice not to have the plant there after the first time this happened.

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
she has "allowed" me to run a pipe above ground but said I can not bury anything until I pay for an engineer to come. It's a water pipe it leaked from damage caused by her trees and bushes, do I have to get an engineer and can she cut my water off

The easement should state that it's for underground access. You don't need her permission with an easement. And she cannot cut your water off or interfere with the pipes. An easement is written permission to use the property and it cannot be revoked.

Since she doesn't sound inclined to discuss this with you reasonably, it could help to have a local attorney send her a letter explaining the law and what her obligations are.

Ask Your Own Real Estate Law Question

A lawyer should be able to find her address. You can also look when you're at the county to see what other real estate she owns in the county.

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
also, my meter is right on the road and gets backed over everyday. it looks to me they put the meter in and ran a 90 angle out and another right back to the road. This puts my water lines, actually, before the meter so would the city have any liability here

That's really a separate issue. I work with issues between neighbors, but if you want to talk about utility company liability for meters, I'd have to ask you to open a new question page for another expert.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30,761
Experience: JA Mentor
Verified
Lucy, Esq. and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
I can get all the info and get the letter written. thank you

You're welcome. Good luck.

Ask Your Own Real Estate Law Question
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30,761
30,761 Satisfied Customers
Experience: JA Mentor

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,052 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,763 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,532 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,918 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My neighbor has a non-exclusive easement on a road that is
My neighbor has a non-exclusive easement on a road that is on my property in order to get in and out of his property. Years ago he asked me the permission to erect a gate at the entrance so to protect… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,918 satisfied customers
I need a real estate lawyer who knows real estate in Oregon
I need a real estate lawyer who knows real estate in Oregon I need a lawyer who specializes in real estate law in the state of Oregon. I am quitting my current property manager and I will be managing … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,062 satisfied customers
We have a shared easement in CA. The neighbor had water main
We have a shared easement in CA. The neighbor had water main work done on his line and the company damaged not only our water main line but, the asphalt alongside the trench they dug for the replaceme… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,996 satisfied customers
Wanting to get information about an easement for my neighbor
wanting to get information about an easement for my neighbor and I installing a water line for both of us, Deschutes County Oregon … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,105 satisfied customers
My real estate agent and i completed a real estate
my real estate agent and i completed a real estate transaction back in November of 2007. there has been a problem with the transaction and i would like to take her to small claims court. however, i wa… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I own a non-exclusive Ingress egress easement. My neighbor
I own a non-exclusive Ingress egress easement. My neighbor constantly Parks his trailer on the easement. He also Parks cars on the easement. I'm wondering if this is legal? I don't want to be responsi… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
I have a real estate question related to Florida Real Estate
I have a real estate question related to Florida Real Estate law. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,774 satisfied customers
I have a real estate question. NC. About an easement
I have a real estate question JA: Because real estate law varies from place to place, can you tell me what state this is in? Customer: NC JA: Has any paperwork been filed? Customer: No JA: Anything el… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,465 satisfied customers
A neighbor filed a complaint against be about easement
a neighbor filed a complaint against be about easement access with the homeowners assoc. in the complaint she proposes a bylaw against intimidation etc. she is implying that i threatened her. is that … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,192 satisfied customers
Real estate law I'm the seller i signed real estate contract
Real estate law I'm the seller i signed real estate contract now i dont want to sell I initialed the contract instead of signing the sale price was illegible so the seller sent an amendment for me to … read more
Damien Bosco
Damien Bosco
3,160 satisfied customers
MY septic filed is on an easement for my neighbor. Surface
MY septic filed is on an easement for my neighbor. Surface water runoff (from his propeerty) is eroding the cover dirt ..am I responsible for this ? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,821 satisfied customers
I have an easement question- Our neighbors have an easement
I have an easement question- Our neighbors have an easement over our property for road access. they use it to go to their campground behind us. Can they drive unregistered vehicles on our property (th… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,918 satisfied customers
Can a neighbor and I sue for prescriptive easement in small
Can a neighbor and I sue for prescriptive easement in small claims court? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,996 satisfied customers
How is an neighbors easement shown on a plat or plan for a
How is an neighbors easement shown on a plat or plan for a zero lot line house? Does an easement have to be included in the covenants and restrictions to exist?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
Our neighbors have an easement to our driveway to access
Our neighbors have an easement to our driveway to access their back yard. Now they want to build a garage back there. Do we have any rights when it comes to all the heavy equipment using our driveway?… read more
LegalGems
LegalGems
Juris Doctorate
10,420 satisfied customers
Real estate law: Statute limitation on easement in
Real estate law: Statute limitation on easement in California: Previous owner granted Easement to next door neighbor In 1985. I bought this lot in 1999. Is there statute limitation which and the easem… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Real Estate question regarding easement. I own property in
Real Estate question regarding easement. I own property in Ca which has been used for over 100 years but we've found it never had a deeded easement, or at least none that can be found. We cross two pr… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,763 satisfied customers
Seeking a real estate attorney in RE: Property Easements. My
Seeking a real estate attorney in Washington RE: Property Easements. My neighbors are asking me to sign a legal document, well utility company is technically, for a easement and right of way before th… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,207 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x