Legal Question in Real Estate Law in California

Re: property access, no easement

You have a prescriptive easement and an easment by neccessity. When the property was subdivided, there should have been an easement created. Your other neighbor might not have an easement, if he has access to another road.

Re: property access, no easement

The law of public easements is not simple. Assuming (without seeing the instrument one cannot know exactly what easement was granted or reserved nor in whose favor) that what happened was indeed a grant of a public easement, its current status may depend upon how the public body has acted, and/or the circumstances of the dedication or grant of the easement.

You should get a copy of the easement, if you don't have one already. The look at Government Code section 65871 et seq. at the library or on line to see if your easement is one covered by these sections. If it is, you're probably in good shape.

You might get free help from your city attorney and/or city (or county) public works department relative to that municipality's position on that easement. Some attempts to dedicate easements are rejected or lapse due to failure to accept.

If you don't have an adequate public right to the 15-foot strip, you could probably assert a private right under the doctrines of easement by necessity, implied easement, or easement by prescription. You can probably find adequate definitions of these concepts on line (be sure to use California definitions only).

When you want to sell, you should interview good brokers, and include questions about whether the access situation presents a problem. Many brokers are very familiar with local public easement practices and issues. Also, some aren't. You need to pick one who is, and who can describe exactly how he or she will disclose and represent the situation to prospective buyers. Be sure the reprsentations are truthful, but if any cloud on the access appears to put a significant crimp on market value, you would be well served by bringing a legal action to have a court declare your easement rights (by necessity, implication, adverse possession, etc.).

Answers to other parts of your question would be too speculative until I knew specifics of the grant or reservation per recorded documents.