Legal Question in Real Estate Law in California
Protection against adverse possession
I have hear that if I post a particular sign I can prevent people who have been using my driveway as a passageway from obtaining an easement by adverse possession or prescription. What kind of a sign would that be? No trespassing?
2 Answers from Attorneys
Re: Protection against adverse possession
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Re: Protection against adverse possession
You likely face a situation where the answer is counterintuitive. If you post a no trespassing sign, you will have to go to the trouble of enforcing it. If you do not, that will help a claimant's adverse possession argument. You likely should grant permission to allow people to go through the property. If you go downtown in a big city, you will see little plaques on the sidewalk granting permission. If you grant permission, the possession is no longer "adverse," and defeats the claim. There is a statute providing for this kind of sign, and if you would like the exact wording please let me know.
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