California  |  Real Estate Law

Legal Question

Asked on: 5/17/13, 6:49 pm

Our house was built in 1922 and our neighbor's house was built in 1923. We have a common driveway with a two foot wide brick walkway between them, separating each driveway. This has been in place since 1923 and has been in place so each household can park in the driveway and get in and out of their cars. Can one of the home owner divide this common strip of land with a fence and deny the other homeowner the ability of getting in and out of their vehicle? And is this walkway held in common?

2 Answers


Answered on: 5/18/13, 11:13 am by Bryan Whipple

I can't give you a full and definite answer without knowing whether there is a formal (and perhaps recorded) easement agreement between the neighbors or their precursors in interest, and how it reads; or, alternatively, I would need some additional facts which might show that a prescriptive easement (or the like) has arisen from useage. However, on first impression it seems likely that, under the terms of some instrument or some rule of law, neither home owner can deny the other access to the property strip for historically-customary uses.


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Bryan R. R. Whipple, Attorney at Law P O Box 318 Tomales, CA 94971-0318

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Answered on: 6/13/13, 7:07 pm by Anthony Roach

I agree with Mr. Whipple. This is something an attorney has to evaluate in detail, including a look at the property.


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Law Office of Anthony A. Roach 9909 Topanga Canyon, Ste.313 Chatsworth, CA 91311

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