Legal Question in Real Estate Law in California

Whether the incorrect location of the roadway is remediable now depends heavily upon how long it has been in the wrong place. For the first five years, it would be remediable, perhaps, by bringing an action for trespass and/or ejectment, or maybe even by just blocking it off.

However, there is a statute of limitations type legal principle called "easement by prescription" that acts to cut off a landowner's right to complain about another party's consistent use of his land, without permission, after the passage of five years. Indeed, the neighbor could go to court and obtain a recordable judgment quieting title in an easement. In addition, another legal principle called "easement by estoppel" says a landowner cannot sit idly by and watch his neighbor make a mistake about where the easement is, and construct a road or driveway at some expense, then tell him afterwards, "Nice driveway, but you dummy, you built it on my property, so now it's mine!"

So, there are some facts relating to the timing and duration of use, and the circumstances of construction, that would have to be examined by a real-estate lawyer before a conclusion can be reached about whether the encroaching easement can be removed, or is permanent. In the circumstances, you may need a lawyer as much as a surveyor, especially if we are talking about a location "mistake" of ten or more feet. (Maybe you need both).

I would get a lawyer's advice before blocking access to another property. May be this is precisely the right thing to do, especially if you are in the 11th month of the fourth year of the neighbor's trespassory use. On the other hand, you may no longer have a legal right to do so.