Skip to main content

3 speed bumps installed without permission on deeded easement, how can I get her to remove them? It's damaging my sports car.

Mokelumne Hill, CA |

Discussions turn into arguments and they will not discuss. We and other Neighbors verbally and in writing opposed the install of the bumps the day they installed them, big argument. My car is low riding sports car and bottoms out on 2 of 3 bumps. I am writing her today to lower and place at an angle, because I still need to go to work everyday, but need to be able to without damaging my car any further. I am stating I still want them removed from the easement. They have also place large boulders on each side of bumps. What action can I legally take. My deeded easement is all I have, there is no road maintenance agreement. A total of 9 use the easement and they installed bumps because of 1 bad apple neighbor who does speed. but we are all being punished for it.

+ Read More

Attorney answers 3


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

You need to retain your own attorney to review the facts of your case with you, including reviewing the recorded easements and any agreement incident to that. If you (and your neighbors) hold a right-of-way easement, that allows you (and your neighbors) a right of ingress and egress through the servient tenament. An easement does not make any of you the owner of the road, nor does it give you the right to disturb the occupants of the servient tenament, such as speeding on the road. A right-of-way easement is typically limited to the defined portion of land, so the owner of the servient tenament would be within her/his rights to prevent you from driving outside the easement road. (In fact, if you driver over any other portion of the land, you are trespassing and the land owner can sue you). Be sure to consult your own attorney to protect your legal rights.


Read the easement to see if bumps are allowed. If not, you should contact a real estate attorney.


I doubt you can get your neighbor to remove the bumps entirely although that will be a fact intensive question probably only answerable if you proceed through judgment. If the bumps are reasonable under the circumstances – IMO a court will allow them to stay unless they are a clear violation of a written easement. The boulders on the side of each bump, on another persons property, are allowed if your easement does not extend to that portion of the land.

A quick search of CA case law didn’t reveal any appellate opinions published on this particular issue although my search could be incomplete.

If you retain counsel, and if the individual who installed the bumps has insurance, you may be able to obtain a reasonable settlement sum for any alleged damage to your sports car and/or have them reduced in size to avoid damage in the future. If you decide to make a claim against your neighbor you should, however, make certain your own homeowners' insurance is paid-up and that you are fully insured for liability as claims beget claims. In many cases, involving insurance companies in disputes such as these allow for a favorable resolution among the parties.

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