Legal Question in Real Estate Law in California

Prescriptive Easement

I have been using 3 feet of my neighbors property, side of house next to mine, elevated 3 feet from his home, for 18 years (three different owners). New owner of 2 years wants to excavate the retaining wall (1.5 feet from his home) and move it to our property line. Can I stop him?

Asked on 7/12/01, 9:43 pm

2 Answers from Attorneys


Re: Prescriptive Easement

You will need to bring an action in the county the property resides for declartory relief and an injunction to stop the work. Please call me directly at (619) 222-3504.

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Answered on 7/14/01, 11:36 am
Jed Somit Jed Somit, Attorney at Law

Re: Prescriptive Easement

Maybe. A prescriptive easement (one created by use)

has probably arisen. However, such an easement is

not the same as ownership. Your rights in such an easement

are only to continue the use previously made. If the owner's

use does not interfere with the use you established, then he can

go ahead. If it does, then there are questions about whether the

particular use you have made constitutes an easement, and whether

his interference would be unreasonable. I would have to know the

exact facts, and even then, there may not be a clear answer as to what

a judge would do.

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Answered on 7/13/01, 12:59 pm

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