Legal Question in Real Estate Law in California

Re: Proprty Line Debate- Parcel Map

You may be thinking of a prescriptive easement, which is similar to adverse possession, except you won't own the proprety, just a prescriptive right to use it.

My recommendation is for you to obtain copies of all express easements, which will be recorded, that affect your property. You should also find out if a survey has been performed in the past, by a previous owner, before outlaying a significant amount of expense to have one done.

Once you have gathered this information, you should speak to an attorney. Neighbor wars can be very annoying, and it is a good idea not to go off half cocked.

Let me know if you need a point in the right direction.

Very truly yours,

Re: Proprty Line Debate- Parcel Map

Adverse possession is a way to gain title to someone else's property. In California, adverse possession requires five years of continued use which is "open and notorious" and "adverse" to the owner's interest. The maintenance and upkeep and improvement of the property is required and for the five years of use the property taxes must be paid for the property being adversely possessed.

It is impossible to tell from the facts that you've presented to know if you even NEED to file a claim for adverse possession. There seems to see a great deal of confusion over whether your neighbor "owns" the driveway or has an easement over your driveway.

A licensed surveyor can help you determine where the property line actually is and where any easements atually exist. You can also show the title insurance policy and the easement documents to an attorney for an opinion on who actually has an easement and the scope of the easement. Once you have this information, then your attorney can give you more complete advice for any disputes you might have with your neighbor over the ownership and use of the driveway.