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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 12709
Experience:  17 years real estate, Realtor. Landlord 26 years
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I own a home surrounded by condos. After mudslides the

Customer Question

I own a home surrounded by condos. After mudslides the condo. assoc. dug up the creek and deposited mud on my property saying they were looking for bodies but the first responders say it was not them. They told the condos they paid $46,000 to remove the mud. They broke my gate and now they are erecting a fence on the easement blocking my neighbors and my view and light and we are the only ones who use the easement. They are doing this to enlarge and create yards for condos across the creek but hurting the only people who use the easement. What can we do?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Montecito California
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think thats it
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Infolawyer replied 4 months ago.
I am very sorry you had to go through thisWhat outcome do you envision at this point?
Customer: replied 4 months ago.
no fence
Expert:  Infolawyer replied 4 months ago.
Fence can be contested! A letter from you or a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it! It also may produce from the other side admissions or agreement. If the other side considers risk, legal fees and time you should get the outcome you seekCourt action can also be threatened or pursued to enjoin it. By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!Please let me know if the reply is acceptable by responding “yes” or “acceptable”