• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Easement Rights? 40 yr road use

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Hennipen

Junior Member
What is the name of your state? California

Hello ~ I am hoping someone might have some suggestions for me. In 1997, I purchased a home on two acres from the estate of a deceased neighbor. He had purchased the property in 1984 from the original owner who built the home in 1962. All previous owners are dead now. The property is pie-shaped with the home sitting on the back portion where it is widest. There is a gravel road that runs along the side of the property to access the house. This road was graded in by the original owner over 40 years ago. He also had the road gravelled and a large culvert pipe installed beneath a portion of it that spans a seasonal creek. There are remnants of a old fence along this road where it borders the neighboring property. There had never been any property line disputes and the road was supposedly on my property. However, six years ago neighbors from a few properties over from mine had a dispute and it was determined that their property line had been in error. This created a domino effect and a survey of my property in 1998 showed that the road which has been used and maintained for 40+ years by the owners of my property (myself included) is actually on the adjacent property edge. The owners of the adjacent property suggested that I put in a new access road but I declined, stating that this road had been used as an access for 40 years and if they wanted to dispute it we would have to go to court. They decided not to push the issue and although we never put anything in writing, it was implied that I would continue to use the road. That was six years ago. Now these neighbors are selling and they want to clear up any potential dispute. They advised me that they are going to have the property line re-surveyed and this time the corners will be recorded (no recording was done in 1998). The prospective buyers of their property are apparently raising a stink about the road. Here are my questions:
1. Should I try to do a quite title action claiming a prescriptive easement since the road has been in open use for over 40 years (Calif. law requires 5 years).
2. Since the property line that will be recorded after the survey is going to differ from the one recorded when I purchased the property, do I have any recourse through the title insurance that I purchased? (This gets a little sticky since the surveyor is engaged to the former escrow officer - now mayor - who handled my escrow in 1997).
3. The current owners of the adjacent property did say that they might be willing to grant me a legal easement, for a price, but they needed to research that further. This option will be contingent on whether or not I feel their price is fair. I am not even sure if I should have to pay anything beyond recording fees for that, especially since the road was built and maintained upon the assumption that the original property lines were accurate.
4. Can the new owners suddenly put up a gate and bar me access to my home? There is no other way into my property unless I have a new road built. This would be difficult due to the slope of the parcel and a seasonal creek. It would also require falling some very old and beautiful trees on the property.

I apologize for the length of this post but I wanted to make sure that all of the particulars were understood. I don't know much about real estate law (my field is nursing) so I was hoping someone who has more knowledge could give me some pointers. Thank you in advance for any responses.
 


FarmerJ

Senior Member
Youre best bet is to go to the links up top and locate a real estate atty NOW , That atty can help you come up with cost for seeking a easement through the court . and help you as well if you work out something else with the nieghbor .
 

Hennipen

Junior Member
FarmerJ said:
Youre best bet is to go to the links up top and locate a real estate atty NOW , That atty can help you come up with cost for seeking a easement through the court . and help you as well if you work out something else with the nieghbor .
Thank you, Farmer, for your prompt response. I figured that, in the end, I will need the services of an attorney who specializes in real estate law. I have a call out to a realtor friend who may know of someone in my area. I also put a call out to my ex who is the brother of the mayor, who used to be an escrow officer, who handled the escrow and title search when I bought my home (this is a very small town). I just want to know what I should do to protect my interests in the event that someone tries to prevent me from getting in or out of my property by way of that road. I will check out the link as you suggested.
 

HomeGuru

Senior Member
Hennipen said:
What is the name of your state? California

Hello ~ I am hoping someone might have some suggestions for me. In 1997, I purchased a home on two acres from the estate of a deceased neighbor. He had purchased the property in 1984 from the original owner who built the home in 1962. All previous owners are dead now. The property is pie-shaped with the home sitting on the back portion where it is widest. There is a gravel road that runs along the side of the property to access the house. This road was graded in by the original owner over 40 years ago. He also had the road gravelled and a large culvert pipe installed beneath a portion of it that spans a seasonal creek. There are remnants of a old fence along this road where it borders the neighboring property. There had never been any property line disputes and the road was supposedly on my property. However, six years ago neighbors from a few properties over from mine had a dispute and it was determined that their property line had been in error. This created a domino effect and a survey of my property in 1998 showed that the road which has been used and maintained for 40+ years by the owners of my property (myself included) is actually on the adjacent property edge. The owners of the adjacent property suggested that I put in a new access road but I declined, stating that this road had been used as an access for 40 years and if they wanted to dispute it we would have to go to court. They decided not to push the issue and although we never put anything in writing, it was implied that I would continue to use the road. That was six years ago. Now these neighbors are selling and they want to clear up any potential dispute. They advised me that they are going to have the property line re-surveyed and this time the corners will be recorded (no recording was done in 1998). The prospective buyers of their property are apparently raising a stink about the road. Here are my questions:
1. Should I try to do a quite title action claiming a prescriptive easement since the road has been in open use for over 40 years (Calif. law requires 5 years).

**A: consult with an attorney about a quiet title action, adverse posession or prescriptive easement.
********

2. Since the property line that will be recorded after the survey is going to differ from the one recorded when I purchased the property, do I have any recourse through the title insurance that I purchased?

**A: no, since tools/methods of surveying differ over the years which amounts to current surveys being more accurate than older ones.
********
(This gets a little sticky since the surveyor is engaged to the former escrow officer - now mayor - who handled my escrow in 1997).

**A: not relevant since you could also hire your own surveyor to recheck the lines.
**********
3. The current owners of the adjacent property did say that they might be willing to grant me a legal easement, for a price, but they needed to research that further. This option will be contingent on whether or not I feel their price is fair. I am not even sure if I should have to pay anything beyond recording fees for that, especially since the road was built and maintained upon the assumption that the original property lines were accurate.

**A: see attorney.
*******
4. Can the new owners suddenly put up a gate and bar me access to my home?

**A: yes and you can proceed through the gate as before the gate was there.
**********
There is no other way into my property unless I have a new road built. This would be difficult due to the slope of the parcel and a seasonal creek. It would also require falling some very old and beautiful trees on the property.

I apologize for the length of this post but I wanted to make sure that all of the particulars were understood. I don't know much about real estate law (my field is nursing) so I was hoping someone who has more knowledge could give me some pointers. Thank you in advance for any responses.
**A: you're welcome.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top