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I own a non-exclusive Ingress egress easement. My neighbor…

I own a non-exclusive...

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 responsible for any damage done to his cars or trailer. He is also storing his trash cans on the sidewalk on the easement . He is trying to tell me that these are parking spots for the neighborhood and that I am not allowed to use them. He states only the neighbors on his Road can use the spots. I am on the outer portion of a cul-de-sac. The easement is used to go into the cul-de-sac and out of the cul-de-sac. I asked him to move his trailer and he will not. I asked him to move his trash cans and he will not. What do I do now? What legal document do I give him?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California, Sonoma county

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thats it thank you😌

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Answered in 3 minutes by:
10/27/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,132
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

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 type out an answer or reply.

.

Is he obstructing your access to and from your property?

.

Is he placing things on the geographic area covered by the easement dimensions?

.

.

thanks

Barrister

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Customer reply replied 7 months ago

He is not obstructing access to and from property.He does have trash cans and trailer on easement peoperty.

Ok, from a purely legal perspective, you have the right to use the entire area covered by the easement route... So if it is 15 feet wide by 80 feet long, the underlying property owner shouldn't really have anything on that land.

.

However, the ultimate purpose of an ingress/egress easement is to allow you to access your property using someone else's. So if he is not obstructing or preventing you from reaching your property, then I don't see a violation of your rights.

.

But if he parks things on the land so as to prevent you from easily accessing your property, that is a violation and you can have a local attorney send a cease and desist letter to him threatening to sue him for violating your property rights.. That usually takes care of it...

.

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thanks

Barrister

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Customer reply replied 7 months ago

I am the property owner of the easement. He is using my easement for storage of his trailer and trash cans. He is blocking my gate and using my parking for his trailer. I know he has the right to drive over it. I just wanted to be clear. So he is violating the law?

Ok, that is a little different... You said ""I own a non-exclusive Ingress egress easement""... that means you own the right to cross over someone else's land.. that is what an easement is..

.

Are you now saying you own the land that the easement is on? And the neighbor owns the easement rights to cross over your land?

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Customer reply replied 7 months ago

Yes and Yes. I own the deed of the easement. He can use road to go to his house.

Ok, then that flips things...

.

The owner of an easement has no legal right to use the easement for anything other than what it states... So if this is an ingress/egress easement that the neighbor owns, then he only has the right to cross over your land... not park on it, not store things on it... just cross it.

.

So if he is putting things on your land, that is a violation of your property rights and the cease and desist would be to inform him that he needs to remove everything from your land or you will sue for an injunction against him and hold him liable for all costs of doing so..

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Sorry for my confusion..

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thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,132
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 months ago

Thank you. You were great.

You are very welcome. Happy to help any time.

.

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 title and the JustAnswer employees will get it to me.

.

.

Have a great weekend!

Barrister

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Customer reply replied 7 months ago

Thanks again😌

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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).

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