Legal Question in Real Estate Law in California
cloud on title to real estate
I have a piece of property and one of the boundry lines is on my neighbors property. To access my property there is a road coming of a cul de sac that crosses my neighbors property. My neighbor acquired the property, an empty lot about 10 years ago and has never told me that I was in fact crossing her property.i recently put my home up for sale and the day before closing the escrow the neighbor called and told my real estate agent that she did not want the new owner crossing her property line. My deal, all cash fell through. Do I have a case for prescriptive easmentproceedings.
2 Answers from Attorneys
Re: cloud on title to real estate
You might have a case for establishing a prescriptive easement. It depends on how long and consistently you have crossed your neighbor's property to access your own, and whether you did so "openly and notoriously," by legal standards. If you wish to establish your legal entitlement to a prescriptive easement, you must do so by filing a quiet title action in superior court in the county where the property is located. If you would like to learn more, please visit our website at www.labusinesslawyer.com.
Re: cloud on title to real estate
To make a long story short - YES, you may well have a viable action to enforce an easement by prescription. You will need an experienced real estate attorney to file an action in the county where the property is situated. In addition you may have an action for damages against your broker and possibly your "neighbor."
You may also want to check your title insurance policy and its "Exceptions."
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