Allowing Neighbor Driving on Property in California Lead to Prescriptive Easement

[michellesf]

The property is in Northern California. Currently, there is an easement on my neighbor's property right at the boundary to my property for me to drive through to get to my house. My neighbor also uses the driveway to get to his house. However, the driveway is too narrow. I am considering expanding the driveway on my property so that the driveway has room for two lanes bi-directionally. The new driveway will be wider and locate on the boundary of the two properties, one portion on my property and one portion on my neighbors.

But I am afraid that allowing my neighbor to use the portion of driveway on my property will lead to prescriptive easement. And in the future he can claim a legal Ingress/Egress easement on my property and record it on the parcel. If that happen, I will not be able to revoke the usage. Also, when I sell the property in the future, the easement will hurt the value.

Can any expert shed light on this issue and let me know whether the usage for access will give the possibility for my neighbor to claim the prescriptive easement? If I expand the driveway and let my neighbor to use it, what I should do to prevent it?

Thanks a lot.

 

[fightingback]

Just Move your life will be much better and less grey hairs...

 

[fredrikklaw]

MICHELESF:

A prescriptive Easement is the first cousin of Adverse Possession, both of which are acquired by meeting and satisfying the state's statutory requirements (or elements if you will) including statute of limitations. And unless you are planning to give the driveway away to your neighbor in a will, you have nothing to worry about as far as conceding property rights through prescriptive easement is concerned as your neighbor will not be able to meet and satisfy THE main requirement; adversarial use (possession).

Adversarial in this context is to be taken to mean without permission or agreement in any kind, which is not the case in your situation as you will be giving your blessing for the use of the driveway and that basically puts paid to anyone entertaining any subversive thought of a surprise and hostile take–over.

fredrikklaw