prescriptive easements for a road and parking space

[quincy]

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

The neighbor, should he start making use of his property, or a new owner of the property, should the current neighbor decide to sell, might need (and want) a place to park on their own property.

Is the road you use the only way to access your property and for the neighbor to access his property? If so, the road should not be a concern.

For the parking space on the neighbor's property, if you have openly used it for 5 continuous years without his authorization/permission (e.g., you've been trespassing), you could have established a prescriptive easement, giving you a right to a continued (non-exclusive) use of the property.

Should your neighbor now object to your use of his property, however, it will be up to you to prove that a prescriptive easement has been established. The neighbor might claim the use of the parking space was a permissive use and that, because he wasn't currently using it, he permitted you to park there to be neighborly.

 

[Sasyy]

Thank you very much for your reply.

The road is the only one to enter my property now, but I can build another new road to access my property from a public road. That means my property is not landlocked.

My concern regarding the parking space is the case that my neighbor will sue me or do something against me as a trespasser. For that case, I think PE can be a defense. For this situation, I am not sure whether I need to start a procedure NOW for recognition of this PE. Or I can start this procedure LATER after the neighbor does something against me.

 

[quincy]

Thank you very much for your reply.

The road is the only one to enter my property now, but I can build another new road to access my property from a public road. That means my property is not landlocked.

My concern regarding the parking space is the case that my neighbor will sue me or do something against me as a trespasser. For that case, I think PE can be a defense. For this situation, I am not sure whether I need to start a procedure NOW for recognition of this PE. Or I can start this procedure LATER after the neighbor does something against me.

Has the neighbor given you any reason to believe that there may be changes to his property soon (e.g., an indication that he plans to fence in his property)?

 

[Sasyy]

No.

 

[quincy]

You could sue to establish the prescriptive easement but I wouldn't think about a suit until you have personally reviewed all facts with an attorney in your area.

 

[Sasyy]

Thank you very much for your help, Quincy. I will consult with a local attorney.

 

[quincy]

Thank you very much for your help, Quincy. I will consult with a local attorney.

You're welcome, Sasyy. Thanks for the thanks.

I think consulting with a local attorney is a smart first action to take.

Good luck.

 

[Sasyy]

Thanks again. Do you have any recommendation on how to find a local attorney in this area?

 

[Zigner]

Thanks again. Do you have any recommendation on how to find a local attorney in this area?

How do you find any other business?

 

[quincy]

Thanks again. Do you have any recommendation on how to find a local attorney in this area?

The State Bar of California: http://www.calbar.ca.gov/Public/Need-Legal-Help

 

[Zigner]

@Sasyy - I have to wonder why you've ignored my question: Why don't you talk to your neighbor instead of trying to commandeer his land?

 

[quincy]

@Sasyy - I have to wonder why you've ignored my question: Why don't you talk to your neighbor instead of trying to commandeer his land?

If Sasyy talks to the neighbor, the use potentially can become permissive and, as a permissive use, the neighbor can decide to revoke permission.

 

[Zigner]

If Sasyy talks to the neighbor, the use potentially can become permissive and, as a permissive use, the neighbor can decide to revoke permission.

Or, the neighbor might say: Oh, I knew you were parking there and allowed it this whole time...the neighbor might also say that in court.

I guess that I just have a general problem with a neighbor (basically) being sneaky just to steal the land. This is NOT what the adverse possession and prescriptive easement laws were designed to allow.

 

[quincy]

Or, the neighbor might say: Oh, I knew you were parking there and allowed it this whole time...the neighbor might also say that in court.

I guess that I just have a general problem with a neighbor (basically) being sneaky just to steal the land. This is NOT what the adverse possession and prescriptive easement laws were designed to allow.

The neighbor will almost certainly argue that the use was permissive if Sasyy tries to get the prescriptive easement recorded. And the neighbor could be successful in blocking a prescriptive easement on the parking space. Sasyy has a parking space on his own property.

The road, as I mentioned earlier, is not as much of a problem for Sasyy.

As to being "sneaky," prescriptive easements are not sneaky. The use of the property has to be open and "notorious." The owner must have either actual or constructive notice of the trespass.

It will be up to Sasyy to prove all elements necessary to show establishment of the prescriptive easement. If Sasyy has openly used the neighbor's property for 5 years, that is just one element out of several.

My problem comes not so much with prescriptive easements as with the time given in California to establish one. Five years seems too short. It is far longer in other states.