Legal Question in Real Estate Law in California

Re: Tresspass?

You may have an easement by necessity. Call me directly at 16192223504.

Re: Tresspass?

Your factual situation raises several issues, but the most fundamental is one of access. And the short answer is that if this is the only access route to your property, then you likely have an easement over your neighbor's property. How is was created, its length, duration, and scope, are the subject of much further factual review.

At this point, you can either keep traversing it and wait until he tries to stop you. Or you can go on the offensive and sue him to create a judicial decree establishing the easement once and for all for the public record.

Call or email if you need help. We are real property litigators with extensive experience enforcing and defending against claims of easement and adverse possession.

Good luck.

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Re: Tresspass?

Easement by use and by necessity are both potential solutions, although easement by use seems more likely an option.

samlovelylaw.com

Re: Tresspass?

Well, the neighbor very well could be right. One doesn't ordinarily have the right to drive across someone else's property, whatever the reason. I would start out with the point of view that driving across someone else's land is trespass, then look for legal theories that would make it permissible.

One possibility, and maybe the only one, is that you have obtained an easement by prescription. That would result from your continuous use of the ten feet to access your parking area over at least five years, without permission.

If you think you may meet the criteria, see a lawyer. Otherwise, maybe your best bet is to try to negotiate for the grant of an easement, which might involve paying the neighbor some consideration for the fair value.

Start with negotiation in any case, but take the prescriptive easement position if the facts fit and the neighbor is unwilling to negotiate a fair deal.

To establish a prescriptive easement permanently and of record, you'd need to bring a quiet title suit and have a court give you a judgment saying that you do indeed have the claimed easement.