Legal Question in Real Estate Law in California
Prescriptive easements
In Riverside County, California. My neighbor's house burned last year in a the Esperanza fire. He is now claiming that the metal property marker is off by approx. 15 feet and has put a new marker where he believes the line is. We have owned 9 years, lived here 13. His driveway is already ''technically'' on my property, and in January he built another driveway with the outlet on my property for easier access to his rebuilding. Can he suddenly just start using the side of my house? His new marker is nearly at my foundation! HELP!!!!
1 Answer from Attorneys
Re: Prescriptive easements
You should have the property surveyed to determine where the marker should be placed. If the neighbor has moved the marker retain counsel to assist you in resolving the issue.