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KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4219
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Our sewer line runs across our neighbors yard, meets up with

Customer Question

Our sewer line runs across our neighbors yard, meets up with theirs at a T and then heads straight out to the street. It has been this way for 40 years. We have been here for 20 years. (this was done way back when by builder without an easement) Because this has been so long, have we gained the right to a prescriptive easement?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No, just searching on line
JA: Anything else you think the lawyer should know?
Customer: I don't think so
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 1 year ago.

Hello, I am an attorney and am happy to assist.

Yes! You have a prescriptive easement. Your neighbor has to assist and allow for any repairs, etc. that need to be done.

Let me know if you have any other questions about this.