Settled out of court, breech of settlement agreement - use of easement

[K Snow]

What is the name of your state (only U.S. law)? CA

Hello -

My neighbor and I were in a lawsuit over rights to use a trail over my property. We settled out of court, settlement was filed with the court. The court filed agreement has very specific rules such as the gate must be kept locked at all times, the code/key to the lock is not to be given out for anyone else's use.

Neighbor has breeched the agreement and has given out the code to the gate. She's also told people they can use it (even though she doesn't own the land, I do. She just has rights to use it.)

She's also removed the "Private Property / No Trespassing" sign I put up. I didn't witness this, but it's a pretty good assumption it was her.

I have changed the code to the gate but felt I had to give her the new code due to the agreement.

What recourse do I have?

 

[LdiJ]

What is the name of your state (only U.S. law)? CA

Hello -

My neighbor and I were in a lawsuit over rights to use a trail over my property. We settled out of court, settlement was filed with the court. The court filed agreement has very specific rules such as the gate must be kept locked at all times, the code/key to the lock is not to be given out for anyone else's use.

Neighbor has breeched the agreement and has given out the code to the gate. She's also told people they can use it (even though she doesn't own the land, I do. She just has rights to use it.)

She's also removed the "Private Property / No Trespassing" sign I put up. I didn't witness this, but it's a pretty good assumption it was her.

I have changed the code to the gate but felt I had to give her the new code due to the agreement.

What recourse do I have?

You take her back to court for contempt.

 

[HRZ]

and get the no trespassing signS back up ..

Personally I might get a hunters game video or equiv camera focused on gate area to keep track of just who might be using the gate or tampering with no trespassing signs . Beats making assumptions or guessing

 

[latigo]

What is the name of your state (only U.S. law)? CA

Hello -

My neighbor and I were in a lawsuit over rights to use a trail over my property. We settled out of court, settlement was filed with the court. The court filed agreement has very specific rules such as the gate must be kept locked at all times, the code/key to the lock is not to be given out for anyone else's use.

Neighbor has breached the agreement and has given out the code to the gate. She's also told people they can use it (even though she doesn't own the land, I do. She just has rights to use it.)

She's also removed the "Private Property / No Trespassing" sign I put up. I didn't witness this, but it's a pretty good assumption it was her.

I have changed the code to the gate but felt I had to give her the new code due to the agreement.

What recourse do I have?

Unfortunately we are not told what rights she had to the use of the trail before the issue was settled. Apparently it was not documented by a grant of easement.

Also necessary to know is what admissible evidence you have that she has breached the terms of the settlement agreement in the manner you describe. Because if you can prove that she has materially violated the agreement, then she can't very well hold you to its terms. The consequences being that your consent to her conditional use of the pathway is withdrawn.

But I wouldn't have you go to the expense and stress of taking her to court. Just make it clear to her that if she continues to disregard the agreement, she is going to get locked out. If she wants to take you to court to seek an injunction, fine. But she'll quickly learn that before she can obtain relief because of your misconduct, she must first prove that she is free of it herself. The court is not going to look at your hands if hers aren't clean.

Just bear in mind that these disputes over rights of ingress and egress can become very heated and people have been shot over them. I'd give her one more try.