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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36998
Experience:  Texas Attorney for 30 years dealing in real estate
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I have a mining claim in Northern California. An old wagon

Customer Question

I have a mining claim in Northern California. An old wagon road leads through the claim. The Forest Service told me that since the road now goes through private property (a patented mining claim) I need to get permission to use the old wagon road. The road is fine for my Jeep to cross. Is it true that I need permission?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
If you want legal access here you would need to claim a prescriptive easement.If you have used this road for at least five years you would have a valid claim here in California.
Here is reference to the requirements under California law.
http://www.troutmansanders.com/files/upload/Prescriptive%20Easements%20in%20California.pdf
In California this is the acquisition of an easement by adverse possession or squatters rights.
California law allows that an easement is an interest in the land of a neighbor or owner that allows you the owner of the easement to a limited use or enjoyment of the other’s land. A prescriptive easement is an easement that is earned by regular recurrent use you would sue here for quiet title to seek court ordered easement.This appears to fit your facts here.
You can keep using it here if you want and file suit if they challenge you here.
I appreciate the chance to help you today.Please let me know if you have more follow up.
Reference.
http://www.eskridgelaw.net/what-is-a-prescriptive-easement/
http://www.dot.ca.gov/hq/row/landsurveys/Study_material/California-Adverse-Possession.pdf
Expert:  Ray replied 1 year ago.
If you decide to file a suit to quiet title claiming prescriptive easement you can file this yourself.You can get property owner's name from tax records and address for service.
http://www.kinseylaw.com/attyserv/civil/complaints/quiettit.html
You don't have to sue unless you are challenged using the road by the owners or they fence it.
Thanks again.
If you can leave a positive rating when we are done JA will email you our chat with these references.

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