Easement and right of way

[TomSanders]

What is the name of your state (only U.S. law)? California

I have bought my current home for about 15 years. Lately I found out my neighbor has been using a walkway on the side of my lot to walk his dog out from his backyard. I have no idea how long he has been doing that. I think he uses my walkway because his backyards exits to a pad of grass and therefore he does not want to walk on it. But still, it is not like he has no way out so he must use my walkway. Actually, it only takes a few steps on the grass to walk to a walkway on his lot to go out. So the bottom line is he can definitely walk his dog out from his backyard without using my property.

I am very worried when I sell my home in the future, the price will be adversely affected because my neighbor has somehow gained the right of easement to use the walkway on my lot. Is my concern legitimate?

What actions can I take now to help my own situation?

 

[TomSanders]

Does anyone have an opinion about my situation? Any advice will be very appreciated.

 

[csi7]

Can you put up a fence to mark your property? That way, your sidewalk is protected by the fence.

 

[TomSanders]

Can you put up a fence to mark your property? That way, your sidewalk is protected by the fence.

They might have been using the sidewalk for quite a long time. Do they have the right to make me tear down the fence so they can keep using the sidewalk, like they might argue that my sidewalk has already become their easement?

Do they already have legal recourse to use my sidewalk under the situation.

 

[drewguy]

1) He may have a claim for adverse possession or easement by prescription, but he would have to establish that in court. In other words, until he makes a claim your title is not affected. If you were to sell, the claim would not appear on your title unless he has asserted it already. The new owner would have to deal with it (potentially). In either case, you might turn to your title insurer, who could pay him off to relinquish his claim.

2) In California, you need only 5 years for either, so the time is met.

3) However, for a.p., you also need to pay taxes, so that seems unlikely. That's not a requirement for an easement.

One solution mentioned is the fence, but that could be overly antagonistic. Another would be to discuss the matter with him, and offer him permission to continue using it so long as it's reasonable. If he does it with your permission then it's not adverse possession because it's not "hostile." You could ask him to countersign a letter to that effect as well to be safe.

 

[TomSanders]

1) He may have a claim for adverse possession or easement by prescription, but he would have to establish that in court. In other words, until he makes a claim your title is not affected. If you were to sell, the claim would not appear on your title unless he has asserted it already. The new owner would have to deal with it (potentially). In either case, you might turn to your title insurer, who could pay him off to relinquish his claim.

2) In California, you need only 5 years for either, so the time is met.

3) However, for a.p., you also need to pay taxes, so that seems unlikely. That's not a requirement for an easement.

One solution mentioned is the fence, but that could be overly antagonistic. Another would be to discuss the matter with him, and offer him permission to continue using it so long as it's reasonable. If he does it with your permission then it's not adverse possession because it's not "hostile." You could ask him to countersign a letter to that effect as well to be safe.

Thank you for your answer.

I am glad you mentioned that the title will be fine. But I am still worried about the fact that "the new owner would (potentially) have to deal with it". Because of the potential issue, will I have to disclose it to the prospective buyers when I want to sell the property? If that's the case, I am pretty sure it will adversely affect the sale price.