Legal Question in Real Estate Law in California

Re: Easement & property line problems

Well, to start, there is no such thing as a "verbal easement." Like all conveyances of interests in real property, a writing is required. Well, there are some exceptions, but generally the most you can get with an oral agreement is a license, and those are generally revocable at any time. There are some theories upon which one can claim an easement needed for access to otherwise landlocked property, but a description of when they apply and how you assert them is a bit beyond the space and time limits of a LawGuru response.

Next, the encroachments on your land may amount to adverse possession, but one very likely theory you can use to avoid loss of the adversely-used land is that the neighbor hasn't complied with the requirement that an adverse possessor pay all the property taxes. If you can establish that your assessment, and therefore your tax bill, included the encroached strip of property, you can prevail in a suit for ejectment and/or trespass.

In any event, this is pretty technical stuff, and you are going to have to figure out a way to hire a lawyer to correct these problems. With the right attorney, you should prevail on the land encroachment and you have a good shot at winning on the easement issue.