My question involves real estate located in the State of: CA
I have a dominant title for a right of carriage easment over my neighbours driveway to access my property, ie: It is 25 wide (fence to fence) and 400 ft long,
ie: I don't own the land
The other day I found a power line contractor parked on the side of the my easment
I approached the guy in the truck who was having lunch, I asked what are you doing parked on the driveway and he said it's got nothing to do with me! I then asked who's property are you wanting to access? And he said it's got nothing to do with me!!! I then said if you can't tell me what you are doing on private land then you must be trespassing, he then said he was working for the local powerline company. Being suspicious I kept on asking questions and he couldn't honestly answer the questions, plus he didn't have any ID or paperwork that suggested he was working for the local powerline company. In my opinion he just found somewhere quiet to park to eat his lunch and didn't have any lawful right to be there.
My question is, can I stop a person trespassing on my easment?
Further, the previous owner of my house (and dominant easment ) paid 50% of the cost to build 400ft of the "shared driveway" ( 8" of subase then finished with tar and two coat gravel) at a cost of $10k about 15 years ago, then another another 2k in Maintenance about 7 years ago. The easment title require a reasonable 50% contribution to the shared driveway maintenance And I have the same 50% maintence obliqation.
So in conclusion, I clearly don't own the land where the shared driveway is situated, but in my thinking I inherited the previous owners 50% ownership of built driveway (ie: gravel, tar, Subase) and need to contribute 50% for all future maintenance.
Does any of the above give me any right to ask a trespasser to leave my easment ?
I have a dominant title for a right of carriage easment over my neighbours driveway to access my property, ie: It is 25 wide (fence to fence) and 400 ft long,
ie: I don't own the land
The other day I found a power line contractor parked on the side of the my easment
I approached the guy in the truck who was having lunch, I asked what are you doing parked on the driveway and he said it's got nothing to do with me! I then asked who's property are you wanting to access? And he said it's got nothing to do with me!!! I then said if you can't tell me what you are doing on private land then you must be trespassing, he then said he was working for the local powerline company. Being suspicious I kept on asking questions and he couldn't honestly answer the questions, plus he didn't have any ID or paperwork that suggested he was working for the local powerline company. In my opinion he just found somewhere quiet to park to eat his lunch and didn't have any lawful right to be there.
My question is, can I stop a person trespassing on my easment?
Further, the previous owner of my house (and dominant easment ) paid 50% of the cost to build 400ft of the "shared driveway" ( 8" of subase then finished with tar and two coat gravel) at a cost of $10k about 15 years ago, then another another 2k in Maintenance about 7 years ago. The easment title require a reasonable 50% contribution to the shared driveway maintenance And I have the same 50% maintence obliqation.
So in conclusion, I clearly don't own the land where the shared driveway is situated, but in my thinking I inherited the previous owners 50% ownership of built driveway (ie: gravel, tar, Subase) and need to contribute 50% for all future maintenance.
Does any of the above give me any right to ask a trespasser to leave my easment ?
Easment Access
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