Who do I contact regarding a blocked property easement?

Question

My neighbors have put up a fence blocking an easement to a park I have well documented from where the previous owners purchased that land from me. They refuse to respect this easement. Who do I contact to enforce it?

I live outside San Diego California.

Answer 1

codes department as they probably did not get a permit on the fence

Answer 2

The city planner enforces easements.

Answer 3

You can take them to small claims court.........

But before you do that, double check the title to make sure that the easement is RECORDED on THEIR deed.

If it was a verbal agreement, then there is none.  The easement has to be RECORDED to be enforceable.

PS: Code enforcement will only enforce the building of the fence, but most codes do not require a permit just for a fence when it's on someone's property that they own.

City planning DOES NOT enforce private easements between residents.  They have no legal authority to do so.

That is why you have to go to court.

Answer 4

You only option maybe to sue in civil court, if the easement was not obvious to the point where maybe the police could have helped; then your only avenue is civil court. Local zoning is not going to be of help, in regard to civil court, not sure CA small claims would have jurisdiction to rule on this matter, these issues are usually reserved for the civil court of Equity i.e.  remedy other then monies,

Looks like you may have to lawyer up on this one