Legal Question in Real Estate Law in California

Re: Prescriptive easement

First, this is a situation where you might be sued if or when you cut off use of the short-cut. Whether you are sued or not may depend upon the value of the short-cut to the neighbors (vs. the cost of filing and maintaining suit) and also upon what kind of folks these neightbors are -- reasonable people or jerks.

So, consider whether the economics point to a possible (or probable) suit, and also strongly consider the personalities involved, whether negotiation might defuse the situation, etc.

Now, the big question -- if they sue for a prescriptive easement, will they win?

I think you would have a fairly good chance of winning in court, even if all the usual rules for acquisition of a prescriptive easement are met (which is by no means certain here), on the basis that the neighbors already have an easement and that mutual consent is required to change the location of an existing easement. There is a fair amount of case law to this effect in California. Research would be required to advise you with more certainty, but this principle adds to the risk of losing that the neighbors should consider before launching a costly lawsuit.

Re: Prescriptive easement

I should add a couple points to my previous answer.

The fact that the encroaching or trespassory use was obvious upon an inspection by a buyer may not be particularly helpful in any litigation between you and the seller, the broker(s), or the title insurer. You have a duty to make a reasonable inspection. However, the duty of the seller and his broker to disclose probably outweigh. If you are sued for an easement, your defense lawyer should consider cross-complaining against the seller, the broker, and the title insurer.

Re: Prescriptive easement

Yes, your neighbor very likely will be able to perfect a claim of prescriptive easement, based on the facts you present. The former owners should have known, and likely did know, of the use of the property. If a visual inspection would have put you on notice, you will have a difficult time prevailing against the seller and/or his agent. You are not able, under those facts, to plow the road. I recommend that you meet with the neighbors and see if there ia a middle "ground" (pun intended) that is available for their access and your use. Then, have attorneys put together the appropriate documents.