My neighbor violated the easement contract by putting a chain to our gate and not letting us use the parking. What do I do?

Your neighbor is violating your legal rights, and you have strong remedies available — including going straight to court for emergency relief if needed.

First, understand what you have: An easement is a legally recorded property right (assuming you have a valid easement ). It "runs with the land," meaning it binds every successive owner and is completely unaffected by whether the owner lives at the property or rents it out. The fact that this is a rental changes nothing about the owner's obligation to honor your easement — and the owner can be held liable for their tenant's interference with it.

Step 1: Contact the Owner Directly — In Writing The tenant may be acting on the landlord's instructions, or the landlord may not even know what's happening. Either way, the owner is the legally responsible party. Send a written demand (certified mail, return receipt requested) to the property owner — not just the tenant — stating:

• You hold a recorded easement for parking and gate access (Check with title to make sure you actually have a valid and recorded easement.)
• Their tenant has placed a chain on the gate, blocking your use
• This constitutes a violation of the easement
• Demand immediate removal of the chain and restoration of your access
• Set a short deadline (5–7 days is reasonable)
• State that you will seek legal action, including injunctive relief and damages, if they fail to comply

Keep copies of everything.

Step 2: Know Your Legal Remedies If the owner ignores your demand or refuses to cooperate, California law gives you several tools:

• Injunction: This is your most powerful remedy. You can file in Superior Court for a mandatory injunction ordering removal of the chain and restoration of your easement rights. If access is being actively denied, you can seek a Temporary Restraining Order (TRO), which a court can grant very quickly — sometimes within days — without the other side even being present at the initial hearing.

• Damages: You are entitled to compensation for any losses caused by the interference — for example, costs incurred because you couldn't access your parking, alternative parking expenses, or other documented harm.

• Attorney's Fees: Check your easement agreement carefully. Many easement contracts include a provision awarding attorney's fees to the prevailing party in a dispute. If yours does, that significantly strengthens your leverage.

Step 3: Don't Call the Police Expecting Much Help Easement disputes are civil matters. Law enforcement typically will not remove the chain or force access. The courthouse is where this gets resolved.

A Word on the Tenant: While the owner is your primary target, if the tenant personally installed the chain and is personally interfering with your access, they can also potentially be named in any legal action. However, focusing your demand on the owner — who has both the legal obligation and the authority to direct the tenant — is the most efficient path.

Bottom Line: You have a documented, enforceable legal right. Send a firm demand letter to the property owner immediately, keep a paper trail, and if the chain isn't removed promptly, consult a local real estate attorney about seeking a TRO. Courts take easement interference seriously, and judges routinely grant emergency injunctions in these situations.