prescriptive easements for a road and parking space

[Sasyy]

I purchased a property more than 5 years ago in California. There is another property next to my property. Before I purchased mine, these two properties were owned by one owner. Nobody has lived in this neighboring property since we moved to my property. Between these two properties there is an entrance access road, part of which is in my property and the other part is in the other property. We have used this road to enter my property for more than 5 years. Along the road, there is a parking space in the other property side. I have used it to park my car since I moved to my property. My question is whether I can claim the road and the parking space as prescriptive easements. The owner of the other property knows that I have used this road and the parking space and I have never had permission from the owner. How can I prove the requirements for easements? Can the other owner do something to me as a trespasser for use of the parking space? Thank you.

 

[Zigner]

Why don't you communicate with your neighbor to make arrangements to use his property?

 

[FlyingRon]

The owner can indeed treat you as a trespasser, but the fact that you have a prescriptive easement may be a defense. The biggest question here is whether the use was permissive or not. To obtain the easement you need to have five years of continuous use that is open, notorious, and hostile. If the driveway is placed such that you really do need to drive on the other side to use it, you may also qualify for an equitable easement even if you don't qualify for the prescription.

You'd be wanting to talk to an attorney if you want to do something counter to the other owner's wishes.

 

[Sasyy]

Thank you very much for your answer. I did not claim a prescriptive easement for the road yet. Do you think I need to rush to follow a procedure for the court to recognize this easement before they treat me as a trespasser for a defense?

The use was not permissive and I think all the requirements for a prescriptive easement were satisfied. Is the parking space not an object for a prescriptive easement? It also satisfies all requirements for a prescriptive easement.

 

[Zigner]

Are you afraid to ask your neighbor if you can use his land?

 

[LdiJ]

Are you afraid to ask your neighbor if you can use his land?

Come on Zig, you know that permissive use solves nothing for the op on a long term basis.

 

[quincy]

Sasyy, do you have a space for parking on your own property?

 

[Zigner]

Come on Zig, you know that permissive use solves nothing for the op on a long term basis.

Huh? How do I (or you, or anyone) "know" that? Also, it's entirely possible to write up a long (very long) term lease for a token amount.

 

[Sasyy]

Yes, I have a parking space in my property.

 

[quincy]

Yes, I have a parking space in my property.

And you don't use your own parking space because ... ?

 

[Sasyy]

I use that space for park another car for a long time because it is the better place than one in my side.

 

[quincy]

I use that space for park another car for a long time because it is the better place than one in my side.

During the 5 years that you have owned your property, has your neighbor ever used the parking space to park his own vehicles? Has he ever spoken to you about your use of his property?

 

[Sasyy]

No, they have never used that space and have never spoken about it.

 

[quincy]

No, they have never used that space and have never spoken about it.

Is the parking space you are using the only parking space available on the neighboring property? In other words, if the neighbor wanted to park on his property, is there space for his vehicle with you parking there?

 

[Sasyy]

Yes, there are one or two more parking spaces for their own cars, but they have never parked their cars.