My question involves an easement in the state of: California
My neighbor is suing us for the right to put a fence and gate around his driveway/easement (on our property, and partly on another neighbors property). He is claiming that the easement is dangerous to him because deer frequent the easement, and his attorney is citing a case where a judge ruled that the property owners had to erect a guard rail to address a (true) safety issue.
He really is just trying to claim more property and have a more grand, gated, entrance to his house. Note, this gate would be right in front of my bedroom window. And we do plan to use the land to drive on after we remodel our house.
I can't understand how something so frivolous could cost me so much money(we have just hired an attorney)
Issue #1: This seems to meet the definition of 'frivolous ' to me and so would this be an appropriate instance to use California ccp 128.7 to seek sanctions and make this go away before we incur significant costs? Any downsides/risks to doing this?
Issue #2: It turns out that, based on a survey, at least a third of his driveway overextends the easement onto our land. Can I just take out this portion of the driveway? I think he would still be able to get through to his house on the remaining driveway. This also means that his complaint is flawed, because they are seeking to fence the "easement line" which actually runs down the center of the driveway which I don't think he really wants.