Legal Question in Real Estate Law in California

If the parties can agree, it takes no longer than the time required to write it up and sign. I assume, however, that you are asking about the creation of an easement through use, rather than by agreement. This is called a "prescriptive easement" or an "easement by prescription" and the time required is five years. There are a few other requirements in addition to the five years of use requirement. I suggest as a way to get some basic information that you do a search via Google or other search engine for the terms "prescriptive easement" and "California." It is important to use results based on California law, as the law in other states may differ somewhat. Also, you may contact me directly for additional (free) information.

I agree with Mr. Whipple. But before running off and filing a lawsuit to quiet title to a prescriptive easement, I suggest you speak to a competent real estate attorney. You may already have an express recorded easement, or that attorney may be able to negotiate one for you, which is much easier and cheaper than suing for a prescriptive easement.

You have received two very good answers. I am relatively local to you (Walnut Creek). If you would like to talk to an attorney in person, please feel free to contact me.