Posted by BB on September 27, 2006 at 22:23:58:
Do not make a move without getting a legal opinion, in writing, from a qualified RE attorney. Got to spend a few to make a lot. Don’t be foolish if you have a good thing here.
California Prescriptive Easement - Posted by Craig Feinstein
Posted by Craig Feinstein on September 27, 2006 at 01:25:23:
I’m in escrow to purchase a beautiful piece of land in California.
The land is over an acre and has a small house. I want to fix up the
house and “flip” the property for a profit. However, there’s a
driveway that intersects the land to go to the adjacent neighbor’s
garage. I’ve been told that this road has been in place for over 20
years. This road is not described in the Prelimintary Title Report as
a deeded easement or right-of-way. The listing agent says that the
neighbor has a prescriptive easement due to the notorious, continuous
use. However, this same agent says that after closing escrow and
taking possession of the property, I can can grant permission to the
neighbor thus preventing a permanent prescriptive easement from being
recorded. This permission should be documented in a certified letter
to the hostile user, with words such as “I recently purchased XYZ
property and I am your new neighbor. I look forward to being your
neighbor… blah, blah, blah. After consulting with a surveyor, I
found out that you have a road that goes through my property to access
your garage. I am writing you to give you permission to use this road
for this purpose…” My question: Will this tactic really work
toward blocking a prescriptive easement from being won and recorded?
Assuming it does, can I fix up the house and then fence the property
in 4-6 months to cut off the road being used by my neighbor?