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  1. #1
    Join Date
    Dec 2008
    Posts
    2

    Default Neighbor's Fence Blocking Driveway

    My question involves real estate located in the State of: CA

    All the homes in my neighborhood have single car garages and have paved common drives on the garage side of each home. This paved side of each garage is about 18' wide and allows cars to access rear yards on each property. The homes have been there since the 40's in this manner. My property has a common fence with my neighbor, but only up to a certain point where we each then have a gate to allow access to our back yards. I have a 2 car garage in my backyard, but he does not use his backyard for anything that requires vehicular access. Recently, my neighbor rebuilt his fence, but bringing it up another 10 feet forward which now does not leave me enough room to get any vehicle into my 2 car garage in the rear of the property. I don't think any actual easement exists between us, except maybe prescription. What can I do now? Do I have to take him to court? If so, small claims? Help!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Neighbor's Fence Blocking Driveway

    Where is the property line? Have you had a survey done?

  3. #3
    Join Date
    Dec 2008
    Posts
    2

    Default Re: Neighbor's Fence Blocking Driveway

    No, but I suspect it is right down the middle of the driveway as all the other homes on the block are too. All the homes on the block are basically the same design but mirror images of each other to my neighbor. The garages and the drive between them is where the problem is.

  4. #4
    Join Date
    Dec 2008
    Location
    El Dorado County, CA
    Posts
    395

    Default Re: Neighbor's Fence Blocking Driveway

    Check the subdivision map by which your lots were created. somewhere on the map, likely on the title page, along with the dedications, may be wording describing mutual easements for shared driveway. They may also be labeled on the map page. But with a map done in the 30s or 40s, it's possible that they were not mentioned at all.

    Even if there is no written record of these easements, either on the map or by separate document, it seems as if you should have a prescriptive easement given several decades of use (5 year statute in CA).

    You may stand a good chance of requiring your neighbor to move the fence so as to allow reasonable access if you don't sit on it too long.

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