Legal Question in Real Estate Law in California
Removing Neighbor's Mailbox from my propety
I had mail stolen from by curbside mailbox and I want to put in a security locking box.
The post & platform for the mailbox in 100% on my property.
Theproblem is that my neighbor shares the platform with me for his box and does not want to relocate it on to his own property.
He says he does not have to move it because it has been there for 20 years. I purchase this house about 4 years ago and have given his notice in writing to remove the box; preventing him from having Prescriptive Easement to my property. He does not have any written agreement or judgment giving the right to keep his box on my property.
As long as my new box fits the USPS standards is there any law that prevents me from installing my new box and removing his from by property?
1 Answer from Attorneys
Re: Removing Neighbor's Mailbox from my propety
It takes five years to obtain a prescriptive easement. The five years began 20 years ago and ended 15 years ago, 11 years before you moved in. When the five-year period ended, it was too late to do anything about the prescriptive easement. Your purchase of your property from the prior owner does not affect the easement; it runs with the land and survives ownership changes of either parcel. You will have to find a solution that accommodates your needs, the neighbor's, and the Postal Service's.
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