My question involves real estate located in the State of: California
Neighbor has an existing block wall running north and south 8 feet west side of his property line. in a malicious action to retaliate because i sued and won as his dog crossed the wall and injured my dog, he has installed a sharp tip chain link fence on the property line.
However the area between the wall and the cl fence is a "public serves and drainage easement" created by the city AFTER it vacated the same area for a future road. during the development of my side of the wall 25 years ago, the city required the subject area to be lined, by my developer, with rip-rap (rock swell) on his property, for drainage of my lot and all lots north of me to drain south. at the same time the city told the contractor to install a block wall between me and the neighbors north of me, a wall running east and west perpendicular to the original block wall which is now 8 feet of the malicious neighbor's property. he has block all drainage from the north (which drains under the east/west wall) and drainage of my lot in to the subject area (because of the type of fencing).
for the past 25 year i have been cleaning and maintaining the drain channel in the subject area, but now I'm fenced out yet i still need drainage into the subject area. i have cc&r effecting my side which give me the right to cross over others lot to maintain drainage but the same cc&r are not recorded on his lot. there is no documentation stating who is to maintain the drainage in his area.
I assume i have all of the right for a prescriptive easement? does the city attorney or manager have the right to grant me access right via there crated easement for maintenance? when i sued over the dog issue in small claims the judge does not have the discretion to grant injunction right, IE remove fence, and give prescriptive rights. I don’t have the money nor want to invest in an attorney however because of witness it would be easy to claim punitive damages, emotional distress elderly abuse and so on. whats your take on this. thanks