Legal Question in Real Estate Law in California

Adverse possession

We gated and locked an easement on our property for 7 years in california. does an adverse possession of an easement have to be ''exclusive'' ? We let another property owner put a lock on our gate, but he was not the truthful owner. and it only lasted for a year or so and we revoked his oral agreement.


Asked on 11/24/08, 8:24 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Adverse possession

What is the difference, in your thinking, between "another property owner" and "the truthful owner?" It may matter, but probably not.

Except for this mystery, I'd say you have a pretty strong case for having extinguished the easement by adverse possession. All that remains is filing and winning a quiet title suit to obtain formal recognition that the easement is no more.

There is a fairly recent appellate decision that seems to uphold your position both as to the basic concept of extinguishment of easements by adverse possession and the continuity of the adverse possession by the same adverse possessor (not required). You might want to look up Sevier v. Locher (1990), 222 Cal.App.3d 1082, which has facts similar to yours and a favorable (from your point of view) outcome.

I have a fair degree of expertise in this area of law, do some business in Butte County, and if you need to extinguish this easement "of record," I could efficiently and economically assist you in the necessary "quiet title" suit to accomplish this.

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Answered on 11/25/08, 12:59 am


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