Legal Question in Real Estate Law in California

Re: Liability

It depends. What liability are you afraid of? Why would they sign it? I dont even know if their easement is valid at this point, so I would need to look at the facts.

Best,

Daniel Bakondi, Esq.

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Re: Liability

Posting a Civil Code 1008 sign will have no effect on any neighbors who already have prescriptive easements, but it would authorize additional parties to begin use of the driveway, or it would elevate trespassers to whom you owe very limited duties re hazards, accidents and liabilities to invitees to whom you owe a higher standard of care regarding hazards of use. Therefore, unless there is some special situation not revealed in your facts, I don't see any point in posting CC1008 signs.

If there is a problem with frequent trespassers (persons without easement rights), you might post "no trespassing" signs. If there are hazards such as narrow bridges, blind curves, etc., you might post appropriate warnings. However, I see no advantage to 1008 signs.

Further, the users of an easement are responsible for its maintenance. If there are hazards on the driveway due to lack of maintenance or improper construction in the first place, you might want to give the neighbors a written request that the hazards be repaired, just to help cover yourself.