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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 31579
Experience:  16 years of legal experience including real estate law.
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We have a property in Berkeley California we have owned since

Customer Question

We have a property in Berkeley California we have owned since 2002. Prior to that the
orginal owners owned it for thirty years. There has always been access for the garbage company and cars to park in the back. A new neighbor property manager wants to close down this easement or access. The city said something about a perspective easement we have what does this mean and can he close off this access? Thanks
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Tina replied 12 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Who owns the property used by the garbage company and vehicles to park? Is there other access for the garbage to be picked up?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 12 months ago.

There are two buildings with a driveway in between for the last 50 years


It has always been used to take the garbage cans from the back to the street and two tenants park in the back. There is no other access for the garbage cans to get to the street. Also what does a persepective easement mean and how many years before qualifying ? Thanks

Expert:  Tina replied 12 months ago.
Hello again, Vallory, and thank you for providing this additional information.

In California, a user of land may establish a prescriptive easement by proving that his or her use of the other owner's property was: (1) continuous and uninterrupted for five years; (2) open and notorious; and (3) hostile.

Here is a link which sets out these elements and explains them further:

http://www.troutmansanders.com/files/upload/Prescriptive%20Easements%20in%20California.pdf

To obtain a court order for a prescriptive easement, you must typically obtain a court order by filing a lawsuit seeking the easement and proving your case. That can become expensive, so it is usually best to first attempt to resolve the matter with the neighboring land owner through mediation or negotiations with a local real estate law attorney you would hire to represent you. This is often much less expensive than a lawsuit and often effective if the neighbor also wishes to avoid a lawsuit.

It sounds as though you would have grounds to pursue such an order, so I would retain a local attorney to discuss this matter with the neighboring owner or draft a demand letter to them.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 31579
Experience: 16 years of legal experience including real estate law.
Tina and 11 other Real Estate Law Specialists are ready to help you
Expert:  Tina replied 12 months ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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