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moving a perscriptive easement

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rboliver

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

A neighbor probably has a perscriptive ingress/egress easement by adverse use of 30 years. Can the neighbor be required to allow us to move the pescriptive easement onto a new paved road installed by us, just a few feet away, which provides essentially the same ingress/egress access?
 


HomeGuru

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

A neighbor probably has a perscriptive ingress/egress easement by adverse use of 30 years. Can the neighbor be required to allow us to move the pescriptive easement onto a new paved road installed by us, just a few feet away, which provides essentially the same ingress/egress access?
**A: be required by whom? There is more to this story.
 

FarmerJ

Senior Member
First does this neighbors land have any other possible access to a public ( city ,county, state, twp) road ? If this new paved driveway is on your land and they do have a public road adjacent to the lot they own then you could send them a letter via certified mail telling the neighbor that they may continue to use the unpaved route they have been until further notice and not granting permission for them to use the new one.
 

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