Adverse Prescriptive Easement

**zardiw** · 04-04-2009, 10:36 PM

Hi all.

I have 2.5 acres in a desert area near Palm Springs Ca. The land measures 660 ft by 165 feet. The land is a long rectangle and runs north to south.

There is a shallow ravine that runs through the property, dividing it into a north and south section. This ravine floods every few years.

In order to get to the rear of the property I've used a dirt roadway that runs parrallel to the property line on my neighbors vacant land and extends about 30 feet wide along the property line. The ravine runs through his land also.

I have just found out that the neighbor adjacent to the north section of my property has apparently bought the section that adjoins the south section, where this road is.

I have had an ongoing fued with this person for 2 years because of his barking dogs that bark for hours on end at night. He is not amenable to any solution.

The owner of that land has always said that he would never sell, and I asked him to let me know if he ever did want to sell, but I have lost contact with him.

There is no access to the north section unless this roadway is used.

My question is what rights do I have, or what rights can I assert to keep using this roadway to get to the north section?

z

**LandSurveyor** · 04-05-2009, 04:47 PM

I'd keep using the dirt road until told to stop by the neighbor.

If that happens, you can try to negotiate a solution with your neighbor, or you can go to court and try to get a prescriptive easement. The entire burden of proof as to meeting the statutory period in California, and all else, is upon you at your expense. You may be able to win it. I'd say somewhere between $5k and $10k to try it. You might win and you might lose.

It may be a lot cheaper to just find new route on your own property and improve it for less than the five or ten thousand you are looking at otherwise.

**zardiw** · 04-06-2009, 03:25 PM

There is no economic way to get alternate access. There's a lot of trees, and buildings in the way.

And this neighbor and I have a long standing fued due to the incessant barking of his dogs in the wee hours of the night. Been to court twice already on that.

The guy told me to stick newspapers in my ears when POLITELY approached about his dogs, when he moved in 2 years ago, so I see little possibility of any agreement. I see a dog kennel outside my cabin window, (if you'll notice it is on the border).

Talked to an attorney today and he says $20K with a $3500 retainer. I have nowhere near that kind of money, so am proceeding on my own.

The other issue is that the legal owner of my land is my sister, who lives in Olympia, WA........what a pain in the rear this will turn out to be.....I got NO sleep the day I found out about this...........z