Legal Question in Real Estate Law in California

dishonest city

iam doing a parcel map. there is a road adjacent to my property. the city said i needed a easement to use the road i have used for 40 years. however, i learned they were not telling me the truth to help another neighbor out. I also learned that the road was public, and asked if i could use the road if i proved it. I was told yes. i proved that it was. then after over 2 1/2 yrs. they changed their mind to NO in the 12 hour of the maping process. how can they stop me from using the public road if my map is complete and they did not vacate the road beforehand?


Asked on 3/11/00, 2:31 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: dishonest city

It has been several years since I researched the issue of public roads. However, as I recall you have the right to use a public road. However, the city or county has the power to control use of land within its bourdaries. That would include roads. The action of the city must not be capricious.

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Answered on 3/23/00, 2:31 am


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