Legal Question in Real Estate Law in California

Re: real estate ''prescriptive easement''

The realtor is stretching her luck by trying to assert a prescriptive easement on the closed-in area. More likely than not, a court would reject her claim to an easement by prescription to the enclosed 20 feet, because an easement requiring enclosure for dog-run purposes is tentamount to a taking of the fee, and courts are inclined to hold that such takings require the more stringent standards for adverse possession be met.

However, she is more likely to be granted an easement for parking, but even that, if it is continuous for long periods of time and tends to deprive the lot owner of shared use of some of the property, could perhaps be defeated in court with a proper factual showing and strong legal argument.

Bottom line is that you might be able to kick her off completely, and probably could kick her out of the dog run area, but the necessity of bringing a lawsuit to eject her and clarify your rights will substantially affect the net value of the lot to you on a "beforehand" basis. You will be assuming some risks as to the outcome, and for sure some litigation costs. My advice would be to keep this in mind in deciding what to offer and/or to use it as a negotiation tool.

The process involves bringing a lawsuit called 'ejectment' to ask a court to tell the sheriff to remove her and declare your rights against her. Other causes of action should also be pleaded in the same suit, e.g. quiet title.