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Help! Bully neighbor! Are there restrictions on how driveway improvements may be conducted by dominant tenant of an easement?

Napa, CA |

My property is the middle parcel of three side-by-side parcels that were subdivided - mine is the only inhabited one and the other two parcels each have derelict houses that have been abandoned for at least 15 years. The access easement recorded on the deed that created the landlocked western parcel in 1947 states “with a right of way to said property by road..” The route and dimensions of easement are not defined, but there is a driveway that leads past my house to an abandoned structure on the western parcel. He has begun construction and in the process damaged my driveway and created a landslide behind my garage. He refuses to fix the damage is dragging out his construction to harm my use and enjoyment of my property. He has been verbally/physically abusive and wants to scare me away

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Attorney answers 1


As a general rule, the owner of the dominant tenement cannot interfere with your use of the right of way. That does not mean that he cannot also utilize the are - just that his use cannot unreasonably interfere with your use.

You should speak to a local attorney about your rights and what steps you can take to limit the other party's activities.

I am not a CA attorney, laws vary from state to state, therefore you should always consult a local attorney.

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.



Thanks for the response! If he is being verbally threatening can I file for a restraining order even though he has a legal easement?

Michael T Millar

Michael T Millar


Verbal threats are a form of harassment that may result both a civil and criminal liability.

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