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I own 4 acers of land in went to look at property found that a resident has made a gravel drive through my land to get to his

Glendora, CA |

This is is Yucca Valley CA He even took out plant life to make this driveway to his house. What do i do

Attorney Answers 4

  1. Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    I am not clear based on your description who is this "resident" you are referring to. Are you referring to your own tenant who lives on your land? Are you referring to a person who lives on a land parcel adjacent to yours? Are you certain you (or the persons who conveyed your land to you) did not give an easement to this "resident"? If this is a neighbor who has built a road through your property without your permission, you need to take immediate action. Anyone who trespasses on your land is causing you damages and if you do not promptly take steps to stop them, they may be able to obtain from the court a prescriptive easement to continue passing through your land. I suggest you immediately make a police report of this trespass and also retain an attorney to send a cease and desist letter to the trespasser. Be sure to consult your own attorney to protect your legal rights.

  2. I would recommend a cease and desist letter to the neighbor informing them they have trespassed and informing them that you will block access to the drive.

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  3. Concur with counsel or you could work out an easement or another agreement with them so that you can both coexist. This is especially true if you both own property there.

    I'd advise you to hire a real estate lawyer to handle it for you. It generally goes better if you handle it professionally.

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  4. I think you need to do two things: 1) Review your grant deed; 2) Review the grant deed to your neighbor's property. You need to make certain neither deed contains an easement for ingress or egress to adjoining parcels. If neither deed contains an easement for the purpose your neighbor is using your land, a cease and desist letter is appropriate as a first step.

    I doubt I would recommend “self-help” by blocking access to the easement. Generally it is better in any litigation for you not to be tainted with any wrongdoing. You also do not want to make a bad situation, worse.

    If you cannot resolve the matter amicably to your satisfaction, you need to file suit for damages and to quiet title to the gravel road and you need to do it promptly and certainly before the passage of time ripens the use into a proscriptive easement. In California that period of time is 5 years from first use.

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