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prescriptive rights-right of use by tradition

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wrspencer

Junior Member
What is the name of your state? California
I am appling fo a use permit in the city of Eureka, california. the city requires an additional parking space and the least disruptive location is in the rear of the property using an alley. There is an alley access, but it is not reconized by the city or by a deeded easement. This ally has been in commen use for at least 30 years.

The issue is not with the neighbors but with the city. The alley has never been blocked nor has any one prevented the use of the alley, as an alley....
How does,if it does, prescriptive use relate to our issue...
 
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sallunn

Junior Member
Neighbors & Boundaries

[email protected] Eugene, Lane, OR 97402
Legal categories: Real Estate and Property Law
Title and Boundary Disputes
Case summary: right of use by tradition
Case description: I have two issues: my neighbor is having a survey of our properties done to determine the line. If it turns out I loose another foot, the stone pathway to my backyard will be almost impassable, certainly not with a garden cart. I have lived here since 1989; neighbor originally told me line was one place, then he wanted another 1.5 feet, now another. My pathway has been there since the '20's. Can he tear it up to put in a chainlink (ugly) fence?

Next: Same neighbor had the city send me a notice that my 12' laurel hedge was out of compliance with our city's visibility ordinance (Eugene Code 9.6780). I spoke with city planning officials over 10 years ago and they said I did not have to comply because the hedge was "grandfathered in"-established before the ordinance was written. Unfortunately I do not have that paperwork & apparently neither do they. My bedrooms and bath face that side and the night noise would be horrific, not to mention the vulnerability to unwanted vandals (recently someone walked in and stole garden sculptures afer the hedge had been pruned and they could peek in). There is a stop sign and no recorded accidents at this corner.

Help!
 

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