Legal Question in Real Estate Law in California

egress

My property and my neighbors property both face the street. There is a narrow easment or egress between my property and his that leads from the public street to a set of steps at the rear of my property, which sits at a higher level. The previous owner of the property always allowed me to use this path, for 13 years, that measures only 2 feet wide by 6 feet long. A new owner of the property is now denying me access to the same egress. Given the history of the property, does the new owner have the right to close off the back entrance to my home? Is it possible that I would have a local fire safety ordinance or something to support by right to use this entrance?


Asked on 12/26/07, 2:43 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: egress

Because of the lenght of time you crossed that property, you may have a prescriptive easement which ensures your right to continue crossing the property. You'll need a consultation with an attorney who can carefully review the facts.

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Answered on 12/26/07, 3:34 pm


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