QUESTION
What can I do if someone finally bought the place next door, they already ruined the road so now I can't get to my own house?
Asked on Mar 22nd, 2017 on Estate Planning - California
More details to this question:
It's been over a month and he has still not fixed the only access road to my property. I have to walk about 50 yards through mud carrying groceries, 50 lb. bags of dog food and whatever else has to be brought in from the car and my neighbor acts like it's no big deal! Three properties in one road. He has a huge gravel truck delivering gravel when it’s raining and it gets stuck and tears up the whole road just past his place. He has no problem pulling his car up to his house. The gravel truck driver is a friend of his so he's not stressing him on fixing it but he's not doing anything about it either. I'm not sure who's property the road is actually on but I know the road has been there since 1946. My neighbor moved in about 4 years ago and I've lived there for 23 years and never had a problem with the road until now.
1 ANSWER
Contact the local governmental agency to find out who owns the road. Even if you do not have any ownership interest, sounds like you have an easement [of necessity] to use the roadway which means he can not do anything to prevent you from using it. Speak to him to find out what his argument is why he has hindered your usage and why he thinks his friend can drive beyond his house. Tell him that if the situation is not immediately remedied you have no choice but to sue him and perhaps his friend. Start looking for an attorney to file suit as he obviously is not going to stop you from using the road.
Answered on Jun 16th, 2017 at 6:10 PM