Allowing Neighbor Driving on Property in California Lead to Prescriptive Easement

[michellesf]

The property is in Northern California. Currently, there is an easement on my neighbor's property right at the boundary to my property for me to drive through to get to my house. My neighbor also uses the driveway to get to his house. However, the driveway is too narrow. I am considering expanding the driveway on my property so that the driveway has room for two lanes bi-directionally. The new driveway will be wider and locate on the boundary of the two properties, one portion on my property and one portion on my neighbors.
But I am afraid that allowing my neighbor to use the portion of driveway on my property will lead to prescriptive easement. And in the future he can claim a legal Ingress/Egress easement on my property and record it on the parcel. If that happen, I will not be able to revoke the usage. Also, when I sell the property in the future, the easement will hurt the value.
Can any expert shed light on this issue and let me know whether the usage for access will give the possibility for my neighbor to claim the prescriptive easement? If I expand the driveway and let my neighbor to use it, what I should do to prevent it?
Thanks a lot.

 

[drewguy]

If you give him permission to use it then he will not be able to claim a prescriptive easement. You can write him a letter confirming he has your permission, which you may withdraw at any time.

Alternatively, if you do not want to give him permission you will have to tell him he may not use it and take actions to insist he not use if in the future if he does anyway.