Neighbor won't let me put address sign on easement!

[greensward]

What is the name of your state (only U.S. law)? California. I have an easement/legal access across my neighbor's property to my own. She claims that "according to the law, it is for ingress and egress only, signage is not allowed." She believes this applies to address signs as well, since when I attempt to comply with the CA fire code, which states that my address should be posted so that it is visible from the street and at the beginning of a long driveway, she returns it with nasty letters. She also won't clean the leaves from the driveway, yet won't allow me or my gardeners to do it. Any advice?

 

[xylene]

So she is damaging / removing your address sign?

How is she stopping you from removing the leaves?

What exactly does the easement say about maintenance?

 

[NIV]

How much do you want to spend?

I have no idea if the law allows your claim of use for an easement. It certainly makes sense you have the right to put up a sign as the law demands. How that demand affects the rights and duties of the easement would require a bit of work on my part to even make an educated guess.

If all the "if"s were in your favor, you should be able to get an injunction to allow the sign. (Or, to prevent the other party from removing it.) But, you're going to be talking about thousands of dollars. There may be some loser pays provision in the easement or in the underlying contract that shifts the burden of litigation.

 

[FarmerJ]

Do you have a roadside mail box that is opposite this driveway?

 

[greensward]

So she is damaging / removing your address sign?

How is she stopping you from removing the leaves?

What exactly does the easement say about maintenance?

She returned it broken, I can't swear she broke it but it was fine the day before.
She yells at the gardeners and tells them to stop.
I have had real estate agent friends read up on it and apparently the easement wording does not address maintenance....

 

[greensward]

How much do you want to spend?

I have no idea if the law allows your claim of use for an easement. It certainly makes sense you have the right to put up a sign as the law demands. How that demand affects the rights and duties of the easement would require a bit of work on my part to even make an educated guess.

If all the "if"s were in your favor, you should be able to get an injunction to allow the sign. (Or, to prevent the other party from removing it.) But, you're going to be talking about thousands of dollars. There may be some loser pays provision in the easement or in the underlying contract that shifts the burden of litigation.

Ha, no, I wouldn't want to do that! Are you a real estate attorney?

 

[greensward]

Do you have a roadside mail box that is opposite this driveway?

Yes, I do, which is actually on her property too, it is set amongst a lot of bushes that even when trimmed make it difficult to see the address. ...

Though I am trying to comply with fire code that states my address should be clearly posted at the corner of the driveway.

 

[not2cleverRed]

Yes, I do, which is actually on her property too, it is set amongst a lot of bushes that even when trimmed make it difficult to see the address. ...

Though I am trying to comply with fire code that states my address should be clearly posted at the corner of the driveway.

So, comply.

Inform her in writing (certified letter is nice) that you are going to comply with CA fire code by clearly posting your address on the corner of the driveway.
Then do so - whether by sign, painted boulder, whatever.
Wait until she does something again, hopefully get photo/video evidence.
Or she might even be stupid enough to write back a nastigram about how she tore the last one down, and will continue to do so, because it is her property and you are trespassing. <-- This is called evidence. Stupid nutcases might actually do this.
Oh wait, the idiot has already sent you nasty letters on the subject. TAKE THESE LETTERS TO THE POLICE.
Either way, report the vandalism.
And if you get proof, take her to small claims for the cost of replacing.

If you are fined for not complying with the code, you only have recourse against her if you can show that you've attempted to comply and she is vandalizing.

If you need the services of a first responder at your home, and they are delayed because of the address not being posted, and you have documentation that she is the reason why, a variety of things can happen to her, especially if there is loss of life or property damage as a result of her actions.

 

[greensward]

Thank you for that. I did go to Fire marshall, sheriff and code compliance and they all agreed I have right to post address but none of them enforces and that I need to get a court order to enforce, which I'm not up to. I think I will paint my mailbox red and cut the trees back (hers) that are hiding it (plus it's green...) I'm curious as to where/how I can find out if I'm allowed to maintain, meaning clean, the driveway, it's quite the mess as she won't do it....

Inform her in writing (certified letter is nice) that you are going to comply with CA fire code by clearly posting your address on the corner of the driveway.
Then do so - whether by sign, painted boulder, whatever.
Wait until she does something again, hopefully get photo/video evidence.
Or she might even be stupid enough to write back a nastigram about how she tore the last one down, and will continue to do so, because it is her property and you are trespassing. <-- This is called evidence. Stupid nutcases might actually do this.
Oh wait, the idiot has already sent you nasty letters on the subject. TAKE THESE LETTERS TO THE POLICE.
Either way, report the vandalism.
And if you get proof, take her to small claims for the cost of replacing.

If you are fined for not complying with the code, you only have recourse against her if you can show that you've attempted to comply and she is vandalizing.

If you need the services of a first responder at your home, and they are delayed because of the address not being posted, and you have documentation that she is the reason why, a variety of things can happen to her, especially if there is loss of life or property damage as a result of her actions.[/QUOTE]