Legal Question in Real Estate Law in California

Immediately contact the neighbor whose property you intend to go over and tell him you have made an offer on the property but noticed that there is no easement recorded although the property has been used for such for 60 years so an easement by use had been established, but you would like to make it more formal, and it has an advantage to him in that the exact route will be made and people can not wander around a bit.

Oddly enough, although I am based in the San Francisco area, one of my key clients is headquartered in Oakhurst and I am somewhat familiar with the area and the "players" up there. Since you are still in the escrow stage, I hope you have not released the title contingency. If you have not, you should put this onto the seller to clear up, or at least get them involved. They should not be selling a property that does not have useful legal access just because it has technical legal access. Mr. Shers is right that if the access that is not "of record" has been used for 60 years there is a very good case for a prescriptive easement, but that should be sorted out between the neighbor and the seller before you buy. If you are represented by a licensed real estate agent, you should get them to work on clearing this up. If you are not, I can help you both directly and by putting you in touch with local expertise in Oakhurst. Just send me an email.