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We have a shared easement in CA. The neighbor had water main…

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We have a shared...

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 replacement of the neighbor's water main. Our water main has been repaired but, the portion of the asphalt that was dug up during excavation was not replaced and now our easement driveway has been narrowed by about 1/2 ft. as a result. The plumbing company also didn't compact the dirt they replaced over the water main line sufficiently to withstand the rainy season and the water main lines began to show again. The neighbor had his landscaping company replace the dirt (and tamped it down) but, they're not licensed in the State of CA to do backfill and compaction so, we don't know if we'll be in for the same scenario this year (evacuation of the dirt in the trench). We've already filed a claim with the Contractor's State License Board and they also referred us to the contractor's insurance bond company and we filed a claim with them. Both of them told us that after speaking with the neighbor and contractor, it was basically a civil matter to be taken up in small claims court. We did that and just got word that the judge didn't award us what we asked for (based on asphalt contractor bids) and we now cannot appeal. I prepared photos, contractor bids, expert testimony in the form of a Declaration, email responses from the County of San Diego but, he still ruled against us. After speaking with the legal advisor with small claims court, we've been told the judge does not need to give us an explanation why he denied our small claims lawsuit. What can we do now? Our easement is damaged and it is the result of the excavation by the plumbing contractor's company (we have photos that even show them using some of the asphalt to prop up their caution cones. We're at a loss at what we can do now, because this appears to run against standing law in CA re: shared easements without a maintenance agreement. I interpreted it to state that if a homeowner damages the easement, they must fix the damage so, who will be responsible for replacing the asphalt they removed. The plumbing company, his bond company, and the neighbor were all named in the lawsuit but, none we held accountable to repair our easement driveway...HELP!

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

California (it's in my message)

Lawyer's Assistant: Has any paperwork been filed?

Again, it's in my message. A claim with the CSLB, bond company and small claims court.

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

No, I think it's all in there.

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 6 minutes by:
11/21/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 10 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,190
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 10 months ago

Whenever it involves neighbors, trespassing, causing damages to real property, encroachments or any other matter the police will not get involved as they are considered civil matters. Is this a recorded easement agreement that sets out repair responsibilities?

Even if it does not set out the repair responsibility there is no question that the neighbor is liable for any damages you have suffered as well as any encroachments caused by the work performed.

Where in CA is your property located?

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