Legal Question in Real Estate Law in California

Re: Prescriptive Easement

An easement by necessity may exist given the facts you present.

For your information, an easement of necessity can exist when a landowner sells one of two or more parcels and the parcel sold is completely landlocked by the remaining property of the grantor, or partly by the land of the grantor and partly by the land of others.

In order for an easement of necessity to arise, two elements must be satisfied: (1) there is a strict necessity for the right-of-way, as when the claimant's property is landlocked and (2) the dominant and servient tenements were under the same ownership at the time of the conveyance giving rise to the necessity.

If this is applicable to your situation, feel free to contact me office to discuss further.

Yours truly,

Bryan

877.201.8728

619.400.4929

Re: Prescriptive Easement

A prescriptive easement is not by permission. It sounds like you may have an easement already, by prescription, by necessity, or both. The new buyers may not have a choice in the matter. However, if not recorded, you may easily lose your rights by saying one wrong word, so you should have an attorney advise you.

Best,

Daniel Bakondi, Esq.

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