Ok, I understand now. The fact the the portion in question was never used has a bearing on whether there is an AP claim. Thank you.
@adjusterjack
The easement was actually recorded 4 years after my house was built. The previous owner subdivided his lot into two, recorded the easement. He then...
Will do, although I hope it doesn't come to that point. I'm willing to negotiate and provide more space, but this guy wants it all in order to put in a 20-foot-wide roadway. This will mean a roadway just 2 feet from my two bedroom windows!
Thank you and everyone else who commented in the...
Very good point, thank you for pointing that out. Now, let me ask you this. California has exceptions to the hearsay rule, one of which applies to statements made by individuals who are unavailable to testify, which is the case here since the previous owner lost his life in an automobile...
Please pardon my stubbornness, but per California Civil Code 323-325, it appears that adverse possession can be argued with the presence of a "substantial inclosure" or an improvement (permanent structure, etc.).
From Davis v Crump, 162 Cal. 513, 123 P. 294
"During the afternoon of January 8...
Good point. Although I am not arguing the extinguishment of the entire easement, just the portion enclosed by my fence.
In Scampini v. Rizzi, supra, 106 Vt. 281, 172 A. 619, a case that has been cited in California cases, the servient estate was able to establish adverse possession of a portion...
There's probably 12' width of space. Although I don't see semi trucks going down there - I have seen cement mixers, dump trucks, and at one point SoCal Edison drove large trucks to replace a telephone pole. Not sure how much it matters, but there's a development of four houses down the street...
Thank you for your opinions, it definitely helps me think more about the issue and while I have set up an appointment to speak with a real estate lawyer, I found this case here in California:
Defendant (servient estate) was able to successfully extinguish an appurtenant roadway easement created...
Thank you for the correction re argument vs case. I will definitely be contacting a lawyer for advise.
While I hope some agreement can be made, this new neighbor has decided that he wants every square inch of the easement and will not take less. We'll see how it goes.
Thanks for the advice.
Thank you for your response. I will definitely be gathering info and look into contacting an attorney.
As a follow up question - what actions can I take if my neighbor or his hired contractor remove or attempt to remove my fence without my permission?
Thank you for your response. However, I have read a number of cases where servient tenements were able to argue adverse possession in order to extinguish portions or the entire easement. I am in no way challenging your knowledge or expertise, but respectfully disagree based on the excerpt below...
I purchased a property burdened by a 20-foot right of way easement that grants street access to property/house behind mine. This house has been served by a 10' driveway since it was built in the mid 1960s.
My property is surrounded by a fence line that has been in place for over 50 years. The...