California
My back property has a 60' non-exclusive easement for utilities and road access, this follows pretty much the entire southern boundary line. No house was ever built on the last property that the easement allows road access to so therefore there was never a road cut down to that parcel. My family cut, graveled and maintains a driveway through the edge of the easement to access our lower property, not the neighbors. The new neighbor cut their driveway at the very end of my driveway and coursed it through my property and around way more of my property than needed. This road access goes right to the corner of their property and they could have almost just as easily put their driveway right at the corner. I believe that they are over burdening the easement and there was no need to put driveways so far down on my property. Now I am trying to re-establish the line and I would like to move my gate farther up the road and fence in my boundary but I cant without giving up my driveway to them.
And now the question: Can I legally recut the road, next to mine but closer to the property boundary? It would be atleast 15' wide and they would have a private driveway instead of cutting through mine. I am even willing to do the work to restore the original road where it was supposed to go with my tractor without him incurring any cost. Otherwise I don't know where to put my fence and still have my driveway. I'm also trying to be neighborly and not involve judges and lawyers too much. (All of the area is on my land, no question, but there is the easement. I should be able to recut the road, right? especially if he hasn't used it for more than 3 years with my knowledge and now that he's building a house I'm moving forward with adjusting the road away from my driveway???) I've read so much and really can't find anything that answers these questions? Please help!!!
My back property has a 60' non-exclusive easement for utilities and road access, this follows pretty much the entire southern boundary line. No house was ever built on the last property that the easement allows road access to so therefore there was never a road cut down to that parcel. My family cut, graveled and maintains a driveway through the edge of the easement to access our lower property, not the neighbors. The new neighbor cut their driveway at the very end of my driveway and coursed it through my property and around way more of my property than needed. This road access goes right to the corner of their property and they could have almost just as easily put their driveway right at the corner. I believe that they are over burdening the easement and there was no need to put driveways so far down on my property. Now I am trying to re-establish the line and I would like to move my gate farther up the road and fence in my boundary but I cant without giving up my driveway to them.
And now the question: Can I legally recut the road, next to mine but closer to the property boundary? It would be atleast 15' wide and they would have a private driveway instead of cutting through mine. I am even willing to do the work to restore the original road where it was supposed to go with my tractor without him incurring any cost. Otherwise I don't know where to put my fence and still have my driveway. I'm also trying to be neighborly and not involve judges and lawyers too much. (All of the area is on my land, no question, but there is the easement. I should be able to recut the road, right? especially if he hasn't used it for more than 3 years with my knowledge and now that he's building a house I'm moving forward with adjusting the road away from my driveway???) I've read so much and really can't find anything that answers these questions? Please help!!!