• 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.

CA - Prescriptive Easement ??

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

DesertCAT

Junior Member
What is the name of your state? California

We put a contract on a piece of raw land and after the title search it was determined there was a lack of legal right of access to and from a public street. As a result the title company will not insure the property.

The property is in a rural area that is starting to build up. There is a county road 660 feet from our property and a road off that county road that runs from the county road in front of "our" property and beyond for approximately 1 mile. This is a nice dirt road that appears to be maintained; just no record of it nor are there any utilities running down it.

Our property has provided a 30' easement for the purpose of a road and/or public utility and I'm thinking that the road that runs from the county road may actually be a legal road but just never reserved by previous property owners of the property we are interested in.

My first question is does this qualify as a prescriptive easement? At this point I need advice on where we go from here to insure we will continue to have access or if we should withdraw our offer. Any and all suggestions welcome.

Thank you
 


BelizeBreeze

Senior Member
You need to be speaking with your county assessor to determine if the road is private or public then have a look at the plat maps to determine when the road was added and by whom.

If it's a private road that starts off your property but does not intersect your property, the you'll have to either contact the current owner for an ingress/egress easement or file for prescriptive easement.

But until you know who owns the road you can't do much of anything.
 

Greg 2

Member
After you find out the status, don't forget to also find out who is responsible for the maintenance of the road, both paying for and the actual work itself.
 

Find the Right Lawyer for Your Legal Issue!

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