Legal Question in Real Estate Law in California

I recently posted new signs with Civil Code 1008 "Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code" to prevent a prescriptive easement over my private road, am I now required by law to allow my new neighbor to pass over my private road now that the Civil Code 1008 permission signs are posted or can I still stop her?


Asked on 12/29/13, 7:46 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I would say that California case law, as well as a careful legal analysis of CC 1008's wording, supports the view that permission granted under a CC 1008 posting is revocable by the owner and that permissive users do not develop any lasting rights as a result of the CC 1008 posting having been in place. The signs would, in effect, create a license for use of the road, and licenses are generally revocable. I would hasten to add that there is a slight chance that your new neighbor can assert some right to use your road under some other theory, having nothing to do with CC 1008 or your signs. She might be a successor in interest to someone who obtained an easement by prescription years ago, or she might have easement rights under another theory, e.g. easement by necessity, or an easement by implication, a/k/a implied easement. Therefore, I cannot say with certainty that you can lawfully lock her out. I think a better approach is to try to learn what theory, if any, she can give for her right to use your road.

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Answered on 12/29/13, 11:08 am


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