Legal Question in Real Estate Law in California

An easement can arise without an express agreement between the grantor (owner of the servient parcel) and grantee (owner of the dominant parcel) in a couple of ways. One way is because the easement is necessary for access to a parcel of land created by subdivision of a larger parcel, and that might have been the case here. This is called an "Easement by Necessity." However, there is a better theory, called "Easement by Prescription." A prescriptive easement arises in somewhat the same way that someone can get ownership of land by adverse possession. The requirements for obtaining a prescriptive easement are (1) continuous use for a period of five years; (2) the use must have been open and clearly visible to the owner; and (3) the use must have been without the express permission ("hostile and adverse" are the legal terms for the nature of the use, but the hostility doesn't have to be mean and nasty, just contrary to the owner's rights). It sounds to be as though the neighbor has fulfilled the conditions to have obtained a prescriptive easement for use of the driveway. Now, what I can't tell you is whether the person that sold you your land cheated you by not giving you proper and full disclosures, or how to deal with the holder of the prescriptive easement. I'd be inclined to say keep everything friendly and accept the presence of the easement, but this may be the right advice only if your land is suitable for building your home as planned despite the easement. I'd also suggest that you and the neighbor see a real estate attorney with some easement expertise to see whether the property descriptions in your title documents need to be amended in any way to reflect the reality of the easement location.