Legal Question in Real Estate Law in California

I purched this vacaent parcel of land in city of Belmont CA, after recieving dicloselouser pakage. the sellers (brokage firm ) had done survey of land a topo map was provided to me that shows all the encroachments by the adjanct properties, specially the existing 12 feet wide driveway access to the public road was not constructed on the non-eclusive easement recordeded for ingress and egress to public right away for benefit of that pacel of land, and because of steep slop of the easement , the driveway was constructed by original home owner outside of the easement and,over the entire the frontage of my two lots to meet city's 18% grade requirment. now i can not build on my lots. my lots are land locked by beighbor's enroachment. Now i am told the neighbor has aquired Prescriptive easement right to use it . My questiion is this, do i have any right to use this driveway for my access to public right away? is this easement an exculsive easement created just for him or the law allows the owner of land same right to use the exiting driveway to access the public road as ashared common driveway access ?. Thanks


Asked on 12/21/15, 7:08 am

1 Answer from Attorneys
William Christian Rodi Pollock

You really need to provide all the documents to a real estate attorney to review and advise you as to your rights. Without all the relevant documents, no one is going to be able to provide you very useful advise. While presumably th eeasement created by prescriptive use would be non exclusive, this would require careful analysis and would likely result in the need to work out documents to clarify the issues with your neighbor.

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Answered on 12/21/15, 9:48 am


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