Legal Question in Real Estate Law in California

Re: easement

Well, of course he has a legal right to sue; all it takes is preparing some papers and forking over the filing fee. I assume that you mean to ask whether he is likely to win!

A grant or reservation of easement does not need to be recorded to be binding and effective, but if it is not, it becomes more difficult to prove its existence. If the neighbor does choose to sue you, he will probably bring a "quiet title" action to ask the court to declare the existence of the claimed easement. In order to prevail, he will need some sort of credible theory, probably backed by at least some evidence.

If the handwritten note actually granted an easement, and was actually delivered to the owner or prior owner of the property claiming to have the easement in its favor, it did its work, and the fact that it was long ago lost or destroyed does not make the easement go away. It only makes it much more difficult to prove in court that it did in fact exist at one time, and that it said so-and-so.

Since the neighbor may have a tough, or impossible, proof problem is establishing that the easement was expressly granted, he is likely also to claim an easement by "prescription." That's analogous to getting title by adverse possession. Someone who uses another's land, without interruption, for five or more years for some purpose like ingress and egress, openly but without a license, lease or similar right to do so. In effect, long-term and uncontroverted trespassing ripens into a right to continue the activity.

Easements by prescription are a rather complex legal matter, and it is beyond the scope of a bulletin-board answer to explain all the details as to when and how they arise.

There are other ways, in addition to express grant or reservation; and prescription; by which easements can be created. If a suit has been filed and served on you, you'll know the theories this neightbor has elected to assert. Although it is hard to win a quiet title action by default, it can happen, so if you are sued, be sure to get a proper response filed and served within the allotted time, usually 30 days from date of service on you.

Re: easement

Is his property "landlocked?" Has he been using the right of way for a period of time? Contact me directly.

Re: easement

He can sue you of course, and an easement can exist by prescription, or even by implication in certain circumstances, but the paper is worth nothing.