Legal Question in Real Estate Law in California

Re: paving on neighbors lot

Neighbor must think he has an easement over your land, before you do anything rash, consult your local land surveyor.

Re: paving on neighbors lot

Whether your neighbor will enjoy what HE considers either 1) an easement or 2) attempt to adversely possess your land is entirely up to you. Your position, I presume, is that you dont want to allow either to happen.

Initially, you should post signs at both ends of the drive exhibiting your knowledge of this encroachment upon your property, indicating its' temporary nature, and the term thereof.

(i.e.- THIS IS A UNILATERAL GRANT OF TEMPORARY USE WHICH TERMINATES EVERY 28 DAYS STARTING XYS, 11, 2008 AND TERMINATING UPON ONE DAY NOTICE BY THE LANDOWNER) Note: You may even use the word "license" or overtly state that it in NO WAY CONSTITUTES AN EASEMENT.

This will toll (stop) the establishment of adverse possession and the creation of an easement by operation of law due to your neighbor's adverse use.

This action is, however, merely a temporary protection until you take the reasonable steps of contesting his actions.

FIND AN ATTORNEY AND PROCEED ACCORDINGLY!

Thanks for letting me be of service.

QSimms

Re: paving on neighbors lot

Whether your neighbor will enjoy what HE considers either 1) an easement or 2) attempt to adversely possess your land is entirely up to you. Your position, I presume, is that you dont want to allow either to happen.

Initially, you should post signs at both ends of the drive exhibiting your knowledge of this encroachment upon your property, indicating its' temporary nature, and the term thereof.

(i.e.- THIS IS A UNILATERAL GRANT OF TEMPORARY USE WHICH TERMINATES EVERY 28 DAYS STARTING XYS, 11, 2008 AND TERMINATING UPON ONE DAY NOTICE BY THE LANDOWNER) Note: You may even use the word "license" or overtly state that it in NO WAY CONSTITUTES AN EASEMENT.

This will toll (stop) the establishment of adverse possession and the creation of an easement by operation of law due to your neighbor's adverse use.

This action is, however, merely a temporary protection until you take the reasonable steps of contesting his actions.

FIND AN ATTORNEY AND PROCEED ACCORDINGLY!

Thanks for letting me be of service.

QSimms

Re: paving on neighbors lot

Does your neighbor have an easement? If so, he generally has the right to use and maintain the easement (including repairing it.) If you block the easement, you will have violated his property rights and could get sued.

If he doesn't have an easement, or other right to use that driveway, he may be trying to establish permanent rights over your property via adverse possession or prescriptive easement.

Re: paving on neighbors lot

Have the case reviewed by a competent real estate attorney for advice. The answers will depend on a lot of facts not contained in your letter.