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  1. #1
    Join Date
    Mar 2014
    Posts
    1

    Unhappy Neighbor is Blocking an Unused Right of Way

    My question involves real estate located in the State of: California. I recently become aware that a neighbor has removed a fence separating our 2 properties, and has began placing cinder blocks and wood, and ostensibly using my property along the boundary line.

    The fence was built on a portion of an unused right-away. The unused right-away is a total of 60 feet wide, consisting of a 30 foot widths on each side of our property. The fence has been erected in the middle of my 30 foot portion of the right-away for at least 10 years. Previous to that the right away has never been used. The neighbor I believe is attempting to create a prescriptive easement thru the use of the land on my side along the boundary. Please Advise on a course of action.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Neighbor is Blocking an Unused Right of Way

    We are to guess, from this, that you are the servient estate, that this is a deeded grant of a right-of-way, and that the neighbor's use is consistent with that grant? If so, as it stands, then he has the right to use the right of way.

    However, when you say he's blocking the right-of-way, and that you already have a fence up partially obstructing the right-of-way, it sounds more like he has no intent to use the right-of-way. Perhaps you can be more clear in your question.

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