Legal Question in Real Estate Law in California
My property is bounded on one side by a county road that is not maintained by the county. The road is the sole access route to a home owned by another party. That owner claims that the county has abandoned the road. Do I have the right to access my property for purposes of maintenance from this road given that I have access to my house on the property from another street?
1 Answer from Attorneys
It depends on whose property that county road is on. If the county road was dedicated by a previous owner of your parcel, and has been abandoned by the county, then you really own the land the road sits on, subject to any possible easement in favor of your neighbor.
You can use your land, even though limited by an easement in favor of someone else, as long as your use does not interfere with the use of the party benefited by the easement. But if the easement is on someone else's property, then you cannot go an use that, unless it is truly a county road and not abandoned.
You should probably get clarification on this road/ easement and get some consultation with a local competent real estate attorney before using it and getting into any trouble.
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