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  1. #1
    Join Date
    Feb 2017
    Posts
    1

    Default How to Move an Easement for an Access Road in California

    My question involves a consumer law issue in the State of: California
    So I bought a house a year ago and the two other houses that an easement to access their house. Right now the road goes right in front of my house (as if they are driving across the front of my yard)and I have kids and animals. They have complained in how my animals wonder down the road to their house. So I want to know if I can move the access road for them to get to their property and I can fence in my property so this problem stops. I have 5 acres and live in the mountains. I know they will not like this but can I and how do I do this? I know I will not get permission from them but they are driving across my land so can't I just move it?? Please help

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Moving an Easement Access Road in California

    Sorry friend, but you can't just move an express (granted) easement without your neighbor's permission and a written and recorded agreement. But you may be able to fence the easement and put up gates or cattle grates to restrain the livestock from wondering onto the neighboring properties as long as the fence and gates do not unreasonably impede the use of the easement.

    You should discuses the issue with the neighbors and if you can't come to an agreed solution, you should consult with a local attorney about your options.

    Once your neighbors know what you are legally permitted to do to restrain livestock under CA easement law, they may see things differently and just accept the occasional animal on their property or agree to let you move the easement. But you should work through an attorney.

  3. #3
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Moving an Easement Access Road in California

    Sounds like the perfect opportunity to solve everyone's problems. You offer to move the access road and fence it off, to relieve them of the pesky animal annoyances. You get the benefit of safety for your kids and critters, and they are animal free. But budwad is right, DEFINITELY have an attorney make sure "i's" are dotted, and "t's" are crossed...

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