What is the name of your state?What is the name of your state?What is the name of your state? California
I purchased a 1 acre parcel that is next to a vineyard. Title did not show any recorded easement. House plans, survey, and grading plan was submitted and grading and building permits were issued for house construction. After the well was installed, I received a call from the forman stating a perscriptive use easement existed. He claimed they needed 16 ft. of my property. They later stated they needed 14 ft. And recently sent a letter claiming the need of 30 ft from edge of vineyard for turnaround. This equates to approximatly 12 ft of my property. They are stating they have used the property for over 7 years. Here are my questions:
1). The turnaround area in question is utilized for approximatly 1 day four times a year for turning their tractors around during harvest (They planted vines within 18 ft. of their property line) Does that fit the definition of open & countinuous use?
2). How much of the land would they be entitled: none, 16 ft, 14ft, 12 ft. or no property rights?
3). If they have a legal right to the land how do we record the easement? Do they have to agree to accept the easement?
4). Any other thoughts or comments?
I purchased a 1 acre parcel that is next to a vineyard. Title did not show any recorded easement. House plans, survey, and grading plan was submitted and grading and building permits were issued for house construction. After the well was installed, I received a call from the forman stating a perscriptive use easement existed. He claimed they needed 16 ft. of my property. They later stated they needed 14 ft. And recently sent a letter claiming the need of 30 ft from edge of vineyard for turnaround. This equates to approximatly 12 ft of my property. They are stating they have used the property for over 7 years. Here are my questions:
1). The turnaround area in question is utilized for approximatly 1 day four times a year for turning their tractors around during harvest (They planted vines within 18 ft. of their property line) Does that fit the definition of open & countinuous use?
2). How much of the land would they be entitled: none, 16 ft, 14ft, 12 ft. or no property rights?
3). If they have a legal right to the land how do we record the easement? Do they have to agree to accept the easement?
4). Any other thoughts or comments?