Legal Question in Real Estate Law in California

Re: adverse possession

First off, I wonder if you are confusing adverse possession, which can transfer title, with creation of an easement by prescription.

Gating a road but giving someone a key most likely would not result in the keyholder obtaining a prescriptive easement, because use that is permissive lacks the element of "hostility" (that term is used in the sense of "without permission" in the language of adverse possession and prescriptive easements).

If, however, you are wondering if you have caused a pre-existing CDF easement to be forfeited by YOUR action (installing a gate, etc.) the answer would be "no," because a government agency cannot lose property rights through adverse possession or prescription.

Full facts would be needed to give a thorough and reliable answer.

Re: adverse possession

I have multiples times litigated adverse possession and easement issues. As an adverse possessor, you can allow someone else permission to use the property you adversely possess, and you can still be the adverse possessor of that property. However, you need to speak to an attorney to figure out your exact situation because you need to have an attorney look more closely ac the facts. Also, you may need to act quickly. Contact my office if I may help.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.