Legal Question in Real Estate Law in California

I recently purchased some land which contains a "short-cut" road connecting two public roads. The locals have been using the road for 20+ years. There is no easement or right-of-way in the deed or property description. Also I have contacted the County and the City and both parties said there is no public right-of-way. I constructed two gates at each end of the road several months ago. I don't think anyone cares enough to file a suit but I am concerned someone may file for prescriptive easement. What is the time-limit they have to make a claim against me? Is there anything I can do to protect my property from a prescriptive easement?


Asked on 6/17/13, 9:41 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Well, a prescriptive easement arises when others use your property in an open, notorious, continuous and adverse manner for an uninterrupted period of at least five years.

There are several ways of preventing a prescriptive easement in high traffic areas. The first is to post a sign that gives permission to pass pursuant to Civil Code section 1008. http://law.onecle.com/california/civil/1008.html

You can find metal tags like that in the concrete sidewalks all over Los Angeles. You can also record a document that provides constructive notice, which will defeat a prescriptive easement claim in the future.

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Answered on 6/24/13, 6:21 pm


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