Dave Stevens
Member
What is the name of your state (only U.S. law)? California
My neighbor is threatening to sue me for a prescriptive right to park in an easement I own (Im the servient tenement, he is the dominant). My question is whether or not some one has to continuallyuse an easement for the statutory period of time (I believe its 5 yrs in CA) to gain a prescriptive right.
The easement consists of a road in a small neighborhood. I bought the property in 2004. My neighbor is threatening to sue me for a prescriptive right to park in the easement (he already has an easement for "ingress and egress", but no more). The neighbor has parked in the easement for about 14 years. The previous owner allowed him to park there, but the permission really was "passive." He didn't give him permission either verbally or in writing, but didn't do anything when the practice started. However, in about 2002 the previous owner did request that he move his cars out of the easement. The neighbor did not move the cars out of the easement and continued to park there. My concern is that my neighbor could argue that the previous owner did not give him permission and therefore accumulated several years of "hostile use."
In March 2005 (after I purchased the property) I sent him a letter giving him permission to park in front of their house. Does the fact that I gave him permission invalidate any claim to a prescription that he may have had because of the previous owner's actions?
BTW, I have a sign posted on the road in compliance with California Civil Code 1008 that says "Right To Pass By Permission, And Subject To Control, Of Owner," which supposedly prevents any use from ripening into an easement by prescription. Anyone know how strong this sign is legally? Can it really prevent the neighbor from getting a right by prescription? The sign has been there for about 15 years - about as long as the parking has been going on.
My neighbor is threatening to sue me for a prescriptive right to park in an easement I own (Im the servient tenement, he is the dominant). My question is whether or not some one has to continuallyuse an easement for the statutory period of time (I believe its 5 yrs in CA) to gain a prescriptive right.
The easement consists of a road in a small neighborhood. I bought the property in 2004. My neighbor is threatening to sue me for a prescriptive right to park in the easement (he already has an easement for "ingress and egress", but no more). The neighbor has parked in the easement for about 14 years. The previous owner allowed him to park there, but the permission really was "passive." He didn't give him permission either verbally or in writing, but didn't do anything when the practice started. However, in about 2002 the previous owner did request that he move his cars out of the easement. The neighbor did not move the cars out of the easement and continued to park there. My concern is that my neighbor could argue that the previous owner did not give him permission and therefore accumulated several years of "hostile use."
In March 2005 (after I purchased the property) I sent him a letter giving him permission to park in front of their house. Does the fact that I gave him permission invalidate any claim to a prescription that he may have had because of the previous owner's actions?
BTW, I have a sign posted on the road in compliance with California Civil Code 1008 that says "Right To Pass By Permission, And Subject To Control, Of Owner," which supposedly prevents any use from ripening into an easement by prescription. Anyone know how strong this sign is legally? Can it really prevent the neighbor from getting a right by prescription? The sign has been there for about 15 years - about as long as the parking has been going on.