Legal Question in Real Estate Law in California
prescriptive easement requirements
What are the elements necessary to acquire a prescriptive easement over a private roadway? Assuming a neighboring landowner has acquired a prescriptive easement over a roadway so as to have access to his proptery, does a buyer from him of that land acquire the easement?
2 Answers from Attorneys
Re: prescriptive easement requirements
You need seven (7) consecutive years of continuous, "hostile" (which means adverse to the interest of the land owner) use of the property. A buyer of the land can obtain the easement, but unless an action to confirm the easement has been filed and a judgment of the easement obtained, there will be difficulties in having the easement pass with the title to the land. If you are planning to sell/purchase a property with this issue, you need some legal advice before going forward. Feel free to call at 805.692.2800.
Re: prescriptive easement requirements
Need total review of all facts involved before can professionally provide a valid response. Call if you wish. Don Holben 800-685-6950
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
