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  1. #1
    Join Date
    Feb 2006
    Location
    Placerville, CA
    Posts
    2

    Default Driveway easement dispute with no land lock issues

    I have a neighbor who got a driveway easement through our property about 20 years prior to us purchasing our house.

    I know about the land locking laws but this neighbor is not land locked and has full access across the whole top of his land to create a driveway to the main road but chooses to only use the driveway we maintain on the top part of our property. It is a private dirt road so I believe no permits or other issues would be in play since he could just make a new driveway with his tractor.

    I had a verbal agreement with my neighbor just after we moved in that he would let me cut in a new driveway (on his property) to access our main road. He has now decided to sell his house and doesn't want to change anything about the propert at this time.

    Any ideas on how I could legally have this easement removed (like it or not) and force him to create his own driveway?

    Thanks for your time and help.

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

    Default

    It depends upon how he came to have the easement. Some easements are granted by virtue of necessity, for example, and expire when the necessity no longer exists. Other easements are granted by sale. Some exist by virtue of continued use over a statutorily defined period.

  3. #3
    Join Date
    Feb 2006
    Location
    Placerville, CA
    Posts
    2

    Default

    Thank you for the reply.
    How would I go about finding this out?

    Scott

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