This is is Yucca Valley CA He even took out plant life to make this driveway to his house. What do i do
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.
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.
If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.
Family Law Attorney
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.
Ms. Johns can be reached at her Woodland Hills and San Diego offices at (866) 402-4038. Her email is email@example.com and her office does offer free telephone consultations to Avvo askers. Ms. Johns is a lawyer although she is not your lawyer unless you have consulted with her and signed a fee or letter agreement confirming her representation of you. This Avvo response does not otherwise create a binding attorney client fee agreement. Ms. Johns and her employees are not tax or financial advisors and do not give tax or financial advice of any kind. For such advice, it is recommended that you consult with a tax or financial professional in that field.
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.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference