Legal Question in Real Estate Law in California
Prescriptive Easement Rights
The wall between my house and my neighbor's house is enroaching on his property approx. 3 ft (according to the survey he ordered). The wall has been this way for over 15 years. When we bought our house the seller told us that ''walls may not be on property lines'' we never thought anything of it and it never came up in the 6+ years we lived here, until last month when the new owner of the neighboring house had his property surveyed. He now wants us to sign something saying that we acknowledge this enroachment and that the wall can be dismantled at anytime. First of all, it is not just a matter of a wall, it is our driveway, pool equipment and a walkway. Second, he bought his house with the walls as is. The way it has been for well over 15+ years. What are my rights here? What if I come home one day and he is taking down the wall, can I sue him?
4 Answers from Attorneys
Re: Prescriptive Easement Rights
Do not sign anything white cell ever without letting an attorney read it and tell you the effects it has on your property. There is a legal phrase called prescriptive easement. That is the key why you do not only property in appearance because of the length of time and situation, it doesn't matter about the people involved, you have the right to use the property, legally. That means that you sign something we'd says that he can take down the fence you ruined your rights to prescriptive easement. You want to sit down in front of a real live attorney who is well versed on real estate law.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.
Re: Prescriptive Easement Rights
Sounds like you probably have an easement. Don't sign anything. Don't move any walls, etc. Give him silence. If he tries to take down the walls or change anything you will have to move very quickly and get a temporary restraining order -- be prepared for this, it will be more expensive if need to find an attorney on no notice. I have worked on cases just like this. You need to quiet title. Contact me.
Re: Prescriptive Easement Rights
Your best bet may be to be proactive. You can go to court and seek a decree as to what rights exist among the parties.
Re: Prescriptive Easement Rights
Appears you may have an easement by prescription. Do not sign anything until you see an attorney to review it all. If you have an easement by prescription, not need to give up anything.
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