My question involves real estate located in the State of: California
My husband and I purchased our home almost 4 years ago. We purchased our home from a lady that had lived there for well over 15 plus years. The home next door was owned by an older lady who lived in the home since she was a child. The lady next door since has sold her home which was purchased by our current neighbor. Our current neighbor is doing a lot split to build another home on the property. A survey was done by him, and the outcome was that his property line point comes within 3 feet of the side of our garage which serves as a walkway to our front door. We then ordered a survey as well and his findings are correct. However, there is a fence on this piece of land (maybe about 6 feet) that gives the appearance that it is part of our property as the landscaping has been maintained by us and the previous owner, which is why when we purchased the home we had no clue that we were using a portion of his property as ingress/egress to the front of our home. Our neighbor has since filed a "Notice of Consent to Use Land", which is revocable. We are concerned that one day he will revoke the consent that will give us all but 3 fee access to our front door.
Does this sound like a case of a Prescriptive Easement or Adverse Possession scenario? We have neighbors that have been living in the neiborhood for 25 years and have said that the fence has been up for at least 10 years.