Good afternoon. Indeed, I agree with my colleague above. The cease and desist memo, was it drafted by an attorney? Does the opposing party know the lengths to which you may be willing-to-go?
Also, this is a civil matter, so I agree with the authorities who have told you likewise. Issues with easements, and property disputes can be very prickly.
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Scott A. Mac Leod is licensed to practice law in Arizona. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.
This is a civil suit in the nature of a quiet title action. I am not sure whether you are entitled to damages from rerouting the wash, as there are several factual issues to be evaluated. This is definitely not something you want to do with counsel. It is very technical. Good luck.
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