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We have a post that holds our gate to our driveway. Our

We have a post...

We have a post that holds our gate to our driveway. Our neighbor cut down the post and ruined our gate saying the post is on his property by an inch. The post has been there for 30 years. Isnt there a grandfather clause that it is unlawful to cut down a neighbors post and ruin our gate when it has been there for years?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: Has anything been filed or reported?

Yes, the police have been here and have recommended we go to small claims court

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Answered in 5 minutes by:
8/16/2017
Andrew
Andrew, Lawyer
Category: Legal
Satisfied Customers: 377
Experience: Attorney
Verified

Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

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Your neighbor would have a very difficult time proving that the post was on his property by an inch. Even if this were true, the fact that it has been there for thirty years gives you the right to keep it. He definitely owes you for a new post and a new gate if that was damaged. You most certainly would have a successful small claims suit. You have at the very least what is called a prescriptive easement. A prescriptive easement is an easement that is earned by regular use -- it is not something that is purchased, negotiated, or granted. A prescriptive easement is simply a right to use property, the user does not gain title to the land

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You can usually obtain a prescriptive easement by continuous use of the property for 5 years. Having been there for 30 years you are probably in the clear.

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Customer reply replied 10 months ago
Probably?

sorry lawyer speak you have more than surpassed 5 years.

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Did you have any other questions?

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California Small Claims steps:

http://www.courts.ca.gov/1008.htm

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Thank you and good luck.

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