Legal Question in Real Estate Law in California

Re: Easement Laws or Righta

If you and others have used the road continuously for many years without any kind of lease, license or other form of permission from the "true" owners (owners shown on deeds at the county recorder's office), then you have at least a so-called prescriptive easement to use the road. You may have an easement from other sources, causes or reasons as well, possibly even a deeded easment by grant (or reservation).

As far as I know, a deed obtained by prescription allows continued use in the manner established by tradition. In other words, if the road has always been OK for 20 MPH in dry weather, then the underlying owner across whose land the easement runs cannot enforce a 10 MPH restriction, especially by installing speed bumps or making the road less safe.

Thank you for complimenting LawGuru. The trouble with LawGuru is that we can tell you your rights but we can't confront the other side or take him to court over the 'Net. Hopefully this information will assist you in explaining things to the neighbor, at least. Maybe he'll agree.