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We live on a landlocked property, one of four properties…

Hi. We live on...

Hi. We live on a landlocked property, one of four properties that are on a private road. Call them A (at the end of the road) B (our property) C (the one next to us) and D (property located at the main road). All properties belonged to the same family until 1996 (when property C was purchased from someone outside the family) and our property (B which was purchased in 2016). Property A has additional access directly to a main road but the owners "prefer" to use the road that passes through ours (B) and C and D. We recently asked the children of property A owner to SLOW DOWN on the shared road and they refused. They further stated that they had a "prescriptive easement" to use of our property (and apparently C and D). We do not think this is correct since obviously the road was used with permission before we purchased because the owner of A and B were siblings.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No. We blocked the road and told the children of owner A that they no longer have our permission to use the road. They tried to place a vehicle on owner C's property to lock OUR access and were told to leave. We are concerned that they will next try to block our access across property D and want to know what we should do. We are completely landlocked. Our only two routes of getting in/out are through property A or through property C and D.

Lawyer's Assistant: Where is the property located?

Castaic, CA

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Customer reply replied 3 months ago
We want to contest that the owners of property A have a prescriptive easement across our property (we are looking to sell to a developer and do not want the land burdened). There is no recorded easement and use was always in the family until we purchased and we have rescinded permission after 2 years. We also want to secure our continued access at least until we sell, as property D is still "in the family" and the angry property A children might try to do something to obstruct our access that way if we don't permit them to cross our land. We have express permission to cross property C from that owner. In the future, we assume that a developer would seek an easement of necessity through property A for development.
Answered in 4 hours by:
5/10/2018
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,171
Experience: Attorney and Real Estate broker -- Retired
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Hello,
I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, I am a California licensed real estate broker, and I have comprehensive information about all areas of California and federal law.

The offenders may in fact have a prescriptive easement -- i.e., the right to utilize the land of another created by at least 5 years of hostile, notorious, open and continuous use by more than one person. You do have a credible argument that if the access was always by permission, and no one without permission was routinely accessing the road, that a prescriptive easement would not attach.

Regardless, you also may have a claim for private nuisance (Cal. Civil Code 3479), trespass (based upon exceeding the license contemplating "reasonable use" of the road), if the driver is engaged in an activity that endangers health and safety; or possibly interference with your easement rights (you have an easement by necessity, if your right to the road is not expressly granted via a recorded instrument).

Bot***** *****ne, you can hire a lawyer and threaten to, or actually, file a civil action to resolve the controversy and enjoin further bad conduct by the other property owner. But, that's the only way you will likely enforce your rights in this circumstance.

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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,171
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Customer reply replied 3 months ago
Hello, we could use further help. We received a letter from the neighbor's lawyer demanding removal of the blockage we put on the road. The letter contains a document supposedly recorded in 1960 granting an easement from the then-owner of this property to her brother and sister-in-law (the sister-in-law is still residing in the house). The "grant of easement" describes the road and identifies the property on it, but does not identify the property it is being granted to the two *people* and for use by their "successors, agents, employees, invitees and licensees". It is not granted to them as land owners of any specific property.They then tell us that even if this didn't show up in our title search, it is still legal. And even if it is not legal, they still have a prescriptive easement due to 57 years of use.First, doesn't this have to be attached to our deed to be legal? Second, do we have recourse if it is NOT on our deed? Third, doesn't the existence of a written agreement between parties (not between properties but between PEOPLE) prove that this could not be a prescriptive easement, since it was with written permission? Fourth... know a good lawyer? We want to fight this.Another thing I did not mention was that this road continues through property A and out to the main highway. Past inhabitants of our property (all relatives) had access to that road and the gate which now blocks it. We were told we would get a key to that gate when we moved in but the current residents refused to give us one or even to let our moving van in when it couldn't come up the main road. Shouldn't we also have a right to THAT road if they have a right to this one?

I need to review the easement grant and your deed. Otherwise, I'm just guessing.

Since I cannot lawfully review your documents in this forum, I will send you an offer of direct correspondence which you may accept or decline at your discretion.

Thanks for using Justanswer!

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Customer reply replied 3 months ago
I got a pop-up about private correspondence before, but I closed it. Can you send it again?

Please follow the instructions in the offer response.

Thanks for using Justanswer!

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Customer reply replied 3 months ago
did you get my email?

Yes. Please stop further correspondence here. Thanks.

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