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perscriptive easement

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K

Kathchick

Guest
What is the name of your state? California


My husband & I purchased a house in 1998. It was disclosed to us that the 2200 sq. foot are of driveway actually belonged to the neighbors. The residence in our house have been using it for 25-30 years. The neighboors have a driveway and garage which they use. This driveway is the only place for us to park our vehicles. There is a small area down the road where we could park one car sideways. There is no street parking as these are one lane private roads.

Before purchased the house, my husband & I , with our realator, went to the neigbors to inquire about purchasing the 'driveway'. They said we could discuss it, but we could park there.

Eight years have passed, we have repeateldy talked to our neighbors about buying the driveway, and the respong with they're not ready but will definlty work something out!

Last spring they bought another house. We approached them again to buy it, now they say they won't sell it! We had a handshake agreement for an easement for 1/8th of it, so we could park our cars.

They renigged on that agreement and sent us a letter asking us to remove all of our belonging and no long parks our cars there! They know we have no where else to park with out being on someone elses property!

We've hired a lawyer who advised us not to move anything and that we have a perscriptive easement. We filed a suit to quiet title and a T.R.O until we resolved this! I even had to post a $10,000 litigation bond because they're trying to sell the house! T

They found a cash buyer to get around the quiet title. We approached him and offered to buy it or even half of it for $20,000 plus county fees! (this is 1100 sq. feet) He, the new buyer, said no we can buy it for $150,000!! Keep in mind this driveway runs alongside our home only 3 feet away!

Now we're in this for $15,000 and have a hearing date in Dec. Do you think we have a good case? They never put anything in writiing about granting us permission.

HELLPPP!!!

Kathchick
 


BelizeBreeze

Senior Member
I'm going to reserve comment on your attorney or this idiot neighbor. I'll only say that prescriptive easement would NOT be my choice, rather an easement of necesity.
 

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