Legal Question in Real Estate Law in California
I have a Privite dirt road in front of my property aprox. 31 ft, wide.I have used this road for aprox. 44 years as entry to my property.The US post Ofice has used it to diliver my mail for the same amount of years. Property owner next to me allso uses same road to his home. Property has changed owners 3 times. This dirt road is allso used some times by the public. can the owner of this road close off my use of this road ?
2 Answers from Attorneys
You may have to establish an easement via litigation if he does. Are there other access roads to your property? Contact me directly.
Probably not. Continuous use of someone else's property, such as a road, for more than five years, usually creates a so-called "prescriptive easement" that gives the user, such as you, a legal right to continue to use the road. That right, if challenged, may need to be established in a court proceeding (lawsuit) to quiet title in the easement and make it a matter of public record.
Whether or not there are other access roads is irrelevant.
Related Questions & Answers
-
Can real estate be held by two living trust as joint tenants wros? Asked 2/01/10, 10:02 am in United States California Real Estate and Real Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
