Q: What options are available to resolve a neighbor dispute when your access to property is blocked
In front of my property is a vacant 1035sq open space lot that is owned by my neighbor ,two other neighbors also cross his property to their homes. We have known the previous owner for years and would park there along side his vehicles we became the owners as of 2019 and continued to use the neighbors property with no problems until Jan 2024 we sold a rv that pulled out of the property for the new owner to pick up it was mid way through our gate when it ran out of gas we took an extra can to get fuel and when we returned the rv was in the middle of the road blocking traffic , the neighbor dragged it with his truck, shortly he blocked my entrance path and one of my gates to the property and parks several of his vehicles and a long utility trailer that blocks the path entirely. He will not reason with me at all and becomes aggressive . We’ve had to remove fence boards to get vehicles in and out but in doing so we have received fines and had our vehicles impounded more than once
A:
In California, when access to your property is blocked by a neighbor, several options are available to resolve the issue. One common approach is to attempt mediation. Mediation involves a neutral third party helping both sides reach a voluntary, mutually acceptable resolution. This can be a cost-effective way to address the dispute without escalating to legal action. Local community organizations or the court system may offer mediation services.
If mediation does not resolve the issue, you might consider legal action to establish an easement. An easement can provide the legal right to use another's property for a specific purpose, such as accessing your own property. This could be based on the principle of a prescriptive easement, which is acquired through continuous and open use over a period of years, or an easement by necessity, particularly if your property cannot be accessed otherwise. Filing a lawsuit to obtain an easement requires demonstrating your need and the historical use of the path.
Before taking legal action, it's important to consult with a legal professional experienced in real estate or property law. They can help you understand your rights, the viability of your case, and the best course of action based on the specific details of your situation. Documenting any attempts to resolve the issue amicably, as well as any instances of access being blocked, can be beneficial if legal action becomes necessary.
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