Legal Question in Real Estate Law in California
Prescriptive Easement
I have been using 3 feet of my neighbors property, side of house next to mine, elevated 3 feet from his home, for 18 years (three different owners). New owner of 2 years wants to excavate the retaining wall (1.5 feet from his home) and move it to our property line. Can I stop him?
2 Answers from Attorneys
Re: Prescriptive Easement
You will need to bring an action in the county the property resides for declartory relief and an injunction to stop the work. Please call me directly at (619) 222-3504.
Re: Prescriptive Easement
Maybe. A prescriptive easement (one created by use)
has probably arisen. However, such an easement is
not the same as ownership. Your rights in such an easement
are only to continue the use previously made. If the owner's
use does not interfere with the use you established, then he can
go ahead. If it does, then there are questions about whether the
particular use you have made constitutes an easement, and whether
his interference would be unreasonable. I would have to know the
exact facts, and even then, there may not be a clear answer as to what
a judge would do.
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