Legal Question in Real Estate Law in California

We recently purchased a house on a private road. In order to get to our house we have a legal easement to cross over our neighbor's property. The easement is on the property across from ours and his neighbor for access and utilities. Since we have moved in we have found that the road is actually on our property (not legally). If we block it off it will restrict access to the property the easement is supposed to be on. I has been foreclosed on and is going back to the bank in a month. We are going to get it surveyed but we are concerned that we won't be able to get the access road moved into the appropriate property due to where the existing structure is. Do we have the right to restrict access since the easement isn't on our property? And how do we go about getting this remedied?


Asked on 4/25/11, 10:03 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Why does this matter if the property will be sold at foreclosure in a month? Among other things, there isn't time to test your theory in court with a quiet-title suit or anything else. Without more facts, I'd think hiring surveyors or lawyers would be a waste of money you'll be needing to relocate. Leave the property dispute to the neighbors, the bank, the buyer at foreclosure, and/or the title insurance companies. Among other problems, your facts are not sufficient to determine whether there is now a prescriptive easement for the access route via the locations where the access is currently being obtained. It only takes five years for a mis-located access road to become lawfully established by prescription where it actually is.

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Answered on 4/25/11, 12:58 pm


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