Legal Question in Real Estate Law in California
Easement
My father passed away and left my mother a house in Nevada. When we went to sell it we discovered that my father's property was encroaching (not sure if right word) onto a private road owned by someone else. The house has been there for thirty years and this has never been an issue or even known about. However now that we want to sell the property, the owner of the road wants compensation so we can have clear title. Is there not a law that after a period of time of continued use the property would no longer be owned by the other party?
Thanks
1 Answer from Attorneys
Re: Easement
You recently asked a question about an encroaching house.
From what I understand of your question, the property is located in Nevada, so Nevada law will apply.
In general, though, you may have acquired some rights over the road in question, either through adverse possession, or more likely through a prescriptive easement. You should contact a Nevada lawyer to advise you on the specific legal requirements for securing title by adverse possession or gaining a prescriptive easement.
As a practical matter, though, it might make sense to settle with the owner of the road. Under either theory - adverse possession or prescriptive easement - you'll have to file a lawsuit to quiet title. The cost involved might exceed the "ransom" the road owner wants you to pay. Nevada counsel should be able to advise on costs you will likely incur if you do decide to file suit.
Best of luck
TWN
The foregoing information is provided as an accommodation only, and does not constitute legal advice or a legal opinion based on a comprehensive review of all relevant facts, nor can provision of such information be construed as creating an attorney-client relationship.
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