Legal Question in Real Estate Law in California

What kind of evidence do I need to show the judge to show I have been using prop

I have lived in my home and owned it for 13 years. The property adjacent to mine has changed owners and the new owners don't want me to use the property in between our homes. I feel after 13 years of useage, that I have an easement right, although hostile for the last 5 years. I have pictures of the property and dating back 13 years, showing my exclusive use, by way of parking my truck there.


Asked on 5/02/00, 10:42 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: What kind of evidence do I need to show the judge to show I have been using

The first thing you need is your canceled checks showing you paid taxes on the property for the 13 years.

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Answered on 6/20/00, 9:14 am
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: What kind of evidence do I need to show the judge to show I have been using

You would have to show that you have had continuous and actual hostile possession for more than 5 years, in which property you would have to show you claimed a right.

However as soon as you moved your truck you lost possession.....

You would be better off buying the land; leasing the land or parking the truck elsewhere. Besides, based on your facts it appears what you are attempting to do is morally wrong.

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Answered on 6/19/00, 11:57 am


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