Legal Question in Real Estate Law in California
California real estate easements
My back fence has a gate that opens to a church parking lot. I use it from time to time to bring in or take out items in the back yard. What do I need to do to get a prescription easement? I've lived here for 3 years.
2 Answers from Attorneys
Re: California real estate easements
Actually, it is called a "prescriptive" easement, and takes a minimum of five years.
The action, when you are ready for it, is called an action to quiet title.
Re: California real estate easements
The best way to obtain the easement that you desire is to talk with the church and negotiate the easement. A prescriptive easement requires five years of open and notorious use (it can include use by the prior owner of your house). It also requires that the church did not allow or agree to the use. You would need to consult a local attorney to determine if you have the requisite case.
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