QUESTION

neighbor block my gate iv'e been using for 30 years . the gate butts up to a road that is used by 3 other properties for vehicle use to the pave stre

Asked on Oct 16th, 2015 on Real Estate - California
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neighbor block my gate iv'e been using for 30 years . the gate butts up to a road that is used by 3 other properties for vehicle use to the pave street . All three have non-exclusive use on the deeds . The sheriff says they can do nothing . If thats the case i plan to park my cat 8D bull dozer after thier property , blocking them . I beleive I have a prescription easement created any way . If I sue him , will he pay for cost ? I already sent a reg.demand letter a year ago . Any Ideas ?? Willits / latonville ca area .
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Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Yes, if you have been using the driveway openly and notoriously for more than 5 years, then you have acquired an easemetn by prescription. Unfortunately, the only way to defend and enforce that easemetn will probably be a lawsuit. Don't block the driveway with your bulldozer. Judge's hate that kind of unilateral action. Right now, you are the victim, and this is an age when victims win. You might try mediation, first. That's where a neutral third party tries to negotiate a settlement and compromise between the two sides. The mediator does not decide who is right or wrong, but he is likely to tell both sides something about their likelihood of successs an the cost. As part of the settlement, you and your neighbors could have an agreement regarding keeping up the road and paying shares for its upkeep and maybe installing and maintaining a security gate. That will be a lot less expensive than a lawsuit. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack      
Answered on Oct 19th, 2015 at 11:41 AM

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