What is the name of your state (only U.S. law)? CA
We have a easement issue complicated by a hostile neighbor who annexed the easement not on his property as part of his yard.
We have a long property line where one side of the boundary has two neighboring properties sharing the boundary. So the three property lines meet in a "T".
Due to the way our properties were subdivided, 4 neighbors have a private utility easement from neighbor #1. This is in record at the county. The easement cuts across our property, and crosses over to neighbor #1's property, along the boundary between neighbors #1 and #2. The easement on record is fully on neighbor #1's property.
However, neighbor #2 have completely annexed the side setback of neighbor #1's yard, which includes the easement. Neighbor #2 is actually using the exterior wall of neighbor #1's house as part of its fence system. We inquired the owner of the easement about this,and he does not seem to care and didn't want us moving the fence that is currently in the wrong place when we offered to correct it (we have to take part of the fence down to do the work in the easement). He seemed more amused and confused that he is "missing" a side setback but apparently he is not bothered by it.
Neighbor #1 is apparently on good terms with Neighbor #2, but #2 is not a very nice person (our other neighbors and we have quite a negative history with them to know they cannot be reasoned with, to a point we have been advised by the police not to engage them personally, and if we must engage them in person to have a neutral third party present at all times, to communicate in writing so there are no misunderstandings, etc). Every time we or any others who shares the easement needs to do necessary work on the utility line, he starts reporting to the city that the utility is not where it should be, not deep enough, etc., causing significant delays and increase costs, even though the easement is NOT in his property (he thinks the area is his).
We want to approach neighbor #1 again, of allowing us to build a fence in the proper boundary location (we have to get surveyed anyway since #2 complained to the city on an existing utility line) so we don't have to keep dealing with this interference. We are willing to pay for the survey and the fence. What is the best approach and way to convince #1 to let us erect a fence just inside their property line and our own easement? And if he agrees, how should we proceed?
Adverse and precpscriptive possession is not an issue. (In CA, you have to be paying taxes on the property to claim adverse possession, and fence is not considered permanent structure and also bars the rightful owner from free access to that portion of the property so cannot claim prescriptive either, as far as I can tell.)
We have a easement issue complicated by a hostile neighbor who annexed the easement not on his property as part of his yard.
We have a long property line where one side of the boundary has two neighboring properties sharing the boundary. So the three property lines meet in a "T".
Due to the way our properties were subdivided, 4 neighbors have a private utility easement from neighbor #1. This is in record at the county. The easement cuts across our property, and crosses over to neighbor #1's property, along the boundary between neighbors #1 and #2. The easement on record is fully on neighbor #1's property.
However, neighbor #2 have completely annexed the side setback of neighbor #1's yard, which includes the easement. Neighbor #2 is actually using the exterior wall of neighbor #1's house as part of its fence system. We inquired the owner of the easement about this,and he does not seem to care and didn't want us moving the fence that is currently in the wrong place when we offered to correct it (we have to take part of the fence down to do the work in the easement). He seemed more amused and confused that he is "missing" a side setback but apparently he is not bothered by it.
Neighbor #1 is apparently on good terms with Neighbor #2, but #2 is not a very nice person (our other neighbors and we have quite a negative history with them to know they cannot be reasoned with, to a point we have been advised by the police not to engage them personally, and if we must engage them in person to have a neutral third party present at all times, to communicate in writing so there are no misunderstandings, etc). Every time we or any others who shares the easement needs to do necessary work on the utility line, he starts reporting to the city that the utility is not where it should be, not deep enough, etc., causing significant delays and increase costs, even though the easement is NOT in his property (he thinks the area is his).
We want to approach neighbor #1 again, of allowing us to build a fence in the proper boundary location (we have to get surveyed anyway since #2 complained to the city on an existing utility line) so we don't have to keep dealing with this interference. We are willing to pay for the survey and the fence. What is the best approach and way to convince #1 to let us erect a fence just inside their property line and our own easement? And if he agrees, how should we proceed?
Adverse and precpscriptive possession is not an issue. (In CA, you have to be paying taxes on the property to claim adverse possession, and fence is not considered permanent structure and also bars the rightful owner from free access to that portion of the property so cannot claim prescriptive either, as far as I can tell.)
