A neighbor down the road from me (county road) is demandig a easement of 20 feet on my property to widen the road for improved access to his property.

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A neighbor down the road from me (county road) is demandig a easement of 20 feet on my property to widen the road for improved access to his property.

He told me if I do not grant him this easement willingly he will sue me for it and the courts would also require me to pay for his attorney fees. Its a county road in Madera County, CA.Located in the Sierra Foothills. Although a county road, its dirt and some gravel., Is it possible I can be sued for an easement for this purpose. He has not approached the property owners on the other side of the road. The requestor is a developer that plans to build 2 spec homes down the road from me. The developer is well known in the county. I have denied him do I have anything to be worried about

Asked on June 3, 2009 under Real Estate Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

And in return for this easement, he was planning to pay you how much?  I don't think so.

It's possible that he could sue for the easement, it's possible that he could even get it, but not for nothing, I wouldn't think.  And without knowing all of the facts of the case, I couldn't say what the chances are, one way or the other.  You need to have an attorney in your area representing you, who can see the properties and the roads on a map and in photographs, and who's familiar with the Madera County court's views on such things.  One place to find a lawyer is our website, http://attorneypages.com


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