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Prescriptive easements against Utilities in california

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Tom Hageman

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

I was speaking to the utility company (water) the other day. I have a roadway easement across their property to get to mine and the driveway is about 15 feet north of where the legal easement states. It has been this way for 30-40 years is my guess. They want me to pay for the recent survey and legal papers to correct the location....5,000. I mentioned that since it was there so long, I thought I might have a prescriptive easement for where it was and they responded that you van not have a prescriptive easement against a public utility. Is this correct in California?

Thank you
 


FlyingRon

Senior Member
Trying to get a prescriptive easement, even if it were possible, would most likely cost as much as getting the survey and the new regular easement. In fact, you'd probably have to do exactly the same work that they're asking you to do (survey and drafting the new easement description) PLUS you'd have to pay a lawyer to do it.

Your only wiggle room might be to see if you could contract for the work yourself. I don't know about the going rates out there, but around here such work would go for about half the amount they are asking for.
 

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