Legal Question in Real Estate Law in California

Re: Property infringment question

The concern is that the neighbor might acquire a prescriptive easement to use that square footage.

(A corollary concern is outright loss of title by adverse possession, but this almost never happens in an urban boundary setting because payment of all property taxes by the adverse claimant is a requisite, and due to the way taxes are assessed, the true owner almost always will be found to have paid the taxes on the disputed strip).

A prescriptive easment arises after five years of open and notorious use that is hostile (adverse) to the interest of the owner.

The easiest way to prevent a prescriptive easement from arising is to take away the element of adversity or hostility by giving the neighbor revocable permission for the use.

Write him a letter saying, in effect, "I noticed your 10-square-foot, more or less, construction error. I hereby license you to drive over the mis-pour on my property, but this permission is revocable at any time." Get a copy where he acknowledges receipt. You can, but don't have to, ask him to pay a fee.

Re: Property infringment question

Yes you do, or you may loose the right to that property, making your property less valuable.

Re: Property infringment question

Yes you do, or you may loose the right to that property, making your property less valuable.

Re: Property infringment question

Yes.