Will I Lose the Easement if Driveway Not Exactly on the Designated Easement?

[michellesf]

My property is in Northern California. There is an easement on my neighbor's property for me to get to my house. The easement is marked 12' wide right beside our properties' boundary on the parcel map. However, the current driveway is not exactly on the marked easement area. Half of the driveway is on the easement, and the other half is outside the easement on my neighbor's property, further from the boundary. The portion of the easement right at the boundary is not paved and a small tree grows there. I asked my neighbor whether he or I can remove the tree and pave the portion so that I can drive on the 12' wide driveway matching the easement on the parcel map. He said no.

The tree is on his property and I do not know whether I can remove it without his permission? Same, I do not know whether I can pave the unpaved easement part so that I can drive on it. With the current situation, I am driving on some of his property that is not an easement for my property. Is there any issue for this? Also, I do not use the unpaved easement and worry that I will lose the easement if not using it for a long period of time. My neighbor is not cooperating. What are my options?

Thanks

 

[army judge]

My property is in Northern California. There is an easement on my neighbor's property for me to get to my house. The easement is marked 12' wide right beside our properties' boundary on the parcel map. However, the current driveway is not exactly on the marked easement area. Half of the driveway is on the easement, and the other half is outside the easement on my neighbor's property, further from the boundary. The portion of the easement right at the boundary is not paved and a small tree grows there. I asked my neighbor whether he or I can remove the tree and pave the portion so that I can drive on the 12' wide driveway matching the easement on the parcel map. He said no.

The tree is on his property and I do not know whether I can remove it without his permission? Same, I do not know whether I can pave the unpaved easement part so that I can drive on it. With the current situation, I am driving on some of his property that is not an easement for my property. Is there any issue for this? Also, I do not use the unpaved easement and worry that I will lose the easement if not using it for a long period of time. My neighbor is not cooperating. What are my options?

Thanks

An anonymous internet forum is no place to receive an answer to a specific property problem.

If you value use of the easement, spend some money and speak with an attorney.

Be proactive and not reactive!

One of two things (maybe more) could happen:
1) You MIGHT lose the right to use the easement.
You don't own the easement.
You are merely able to USE the easement.

2) If the property owner doesn't remedy your adverse use of teh easement, he/she could lose their property rights to owning the easement.
The property owner has advised you that he won't act, and you'd be very, very ill advised to REMOVE the tree!!!!

 

[michellesf]

The previous owner who owns my property and my neighbor's property splitted one property to two and created the easement. However, he did not cut the tree and pave the whole easement area. The worst thing, I found that the irrigation system for my neighbor back yard is using my water. The utility split is not clean. Can I sue the previous owner for all those issues left behind?

 

[mightymoose]

You can try talking with someone at your county assessor's office about this. They can get out the maps and look at the problem. They won't give you legal advice, but they can give you an idea of what your options are and what you do and do not have control over. The assessor's office should be able to tell you whether you have the right to pave the unused portion of the easement- they will no exactly who that easement belongs to.