My question involves an easement in the state of: CA
My father purchased an undeveloped piece of property about 5 years ago. It has an easement for a sewer line that goes through the neighbor's property. The easement is properly recorded on both his and the neighbor's deeds (the previous owner owned both pieces of land). My father has recently started making plans to build a house on the property and utilize the easement to connect to the main sewer line. However, the neighbor has poured some concrete over a portion of the easement (it's his front patio area) and has indicated that he is planning on building a wall also which will sit on top of the easement.
My father has let him know orally that he's planning to build within the year. My question is what actions, if any, should he take in terms of mitigating any cost/issues in the future? Send a certified copy of the deed to the neighbor as reminder?
Secondly, out of curiosity, if the neighbor does build a wall that has to come down, who has to pay for that? I've heard it is the responsibility of the servant property to allow access to the easement, but that seems like an legal fight all it's own. Thank you for any insight.
My father purchased an undeveloped piece of property about 5 years ago. It has an easement for a sewer line that goes through the neighbor's property. The easement is properly recorded on both his and the neighbor's deeds (the previous owner owned both pieces of land). My father has recently started making plans to build a house on the property and utilize the easement to connect to the main sewer line. However, the neighbor has poured some concrete over a portion of the easement (it's his front patio area) and has indicated that he is planning on building a wall also which will sit on top of the easement.
My father has let him know orally that he's planning to build within the year. My question is what actions, if any, should he take in terms of mitigating any cost/issues in the future? Send a certified copy of the deed to the neighbor as reminder?
Secondly, out of curiosity, if the neighbor does build a wall that has to come down, who has to pay for that? I've heard it is the responsibility of the servant property to allow access to the easement, but that seems like an legal fight all it's own. Thank you for any insight.
Use and Enforcement: Easements: Neighbor Building on an Easement
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