Legal Question in Real Estate Law in California

Are you in Trinity County, or Humboldt? I used to be a large landowner in both counties (Eureka Southern Railroad). You seem to be stuck in a huge and messy conflict with a neighbor that has decided for some reason to go to war with you. My first reaction was that you should look at your possibilities for moving, rather than litigating with this aggressive jerk.

If necessary, there may be ways to litigate, or even to negotiate, and come out ahead. It doesn't look as though you can afford the battle, which could be more expensive than these opening estimates or my guesstimate of cost to challenge the neighbor in court.

If you could provide me with more details, including but not limited to how long you have owned your property and how you acquired it, and some details about the neighbor, I might be able to give you some further insights.

There is no such thing as a prescriptive easement until a judge grants one in an action to quiet title to one. If the prescriptive easement was established by a prior lawsuit, then that judgment should have been recorded and your title company should have noticed it during the title search.

The party burdened by the easement still has the right to use the property, as long as it does not interfere with the rights of the easement holder.