Legal Question in Real Estate Law in California

Prescriptive easement duration

We live at the end of a private drive. There are 2 lots on either side of the drive. To create our lot in 1959, a variance was issued with the condition that a 14' right-of-way be created along the two lots on the left. From 1966 through 1981, we drove over that right-of-way to access our home.

Within the last 5-6 years, the owners of the properties on the left have started parking in the right-of-way. We are forced to swerve around their vehicles, making a very tight access when the people on the right side of the drive are parked along the drive (but not in the ROW). I am pretty sure we have a prescriptive easement, and/or an easement by necessity to the driveway. If we do, is there a danger of losing it?


Asked on 4/10/02, 1:39 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Prescriptive easement duration

You probably have an easement that is recorded. Contact a local title company and ask for a property profile on your property, as well as the surrounding properties. They normally include a plot map, which will show any easements that are in existance.

Then, notify the parties that they are interfering with your easemant, and that you will take legal action to obtain an injunction preventing them from parking there.

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Answered on 4/10/02, 2:11 pm
Robert Beauchamp The Beauchamp Firm

Re: Prescriptive easement duration

You have more than a prescriptive easement but the easiest way for you to go is to get a copy of the variance from the county or city then take it to the fire department (which is why the variance was really required in the first place) and let them know that fire access to your property is blocked. They will take care of enforcement for you. Then you won't need a lawyer.

Bob

www.beauchampfirm.com

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Answered on 4/10/02, 5:44 pm


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