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Reciprocal Walkway Dispute

There is a reciprocal concrete walkway between our house and our neighbours (They own 2', we own 1'). It is direct access to our backyard, their backyard access is on the other side.

9 months ago they were doing renovations (teardown and rebuild) and needed to get down to their foundation so they asked if they could rip it up with the condition it would be restored to it's original state. After their work was done they walked away, house abandoned and empty, and left us with a giant hole, meaning we couldn't safely access our backyard.

After months of trying to get them to fix it (and them not responding once) we finally bit the bullet and had it repaired and they were just served with the papers of the lawsuit we filed against them.

Well, all of a sudden construction is starting again and they are threatening to rip up the brand new concrete walkway because they need to get down to the foundation again. When we returned home after being away all day we see they have set out a chalk line on the exact property line. If they show up with concrete saws claiming they are going to cut down the property line, what can we do??

We assume that because it's a reciprocal walkway they cannot destroy it without both parties agreeing to it.

Authors: ratealawyer.com

Read more http://legal.advicescene.com/ca/question/1005190

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