Prescriptive easement

[alfy63]

Hello,
this is the first time I use this forum and I hope to have a little help from you. I have a house in Long Beach, California. I bought this property almost 2 years ago. Nearly 3 years ago, the previous owner built a brick wall in the common driveway with the neighbor's authorization. The brick wall stops before my garage and keeps going after the garage all the way to the end of the property. Between my garage and my neighbor's garage there is this empty space that my neighbor is using as storage. He refused to allow me to build a wall, so I got the survey done and the surveyor confirmed my theory that a straight line runs in between the 2 properties and the space being used by my neighbor is actually my property for 50%. I went to the city with the survey and the city issued me a permit to build a wall in my property. After notifying my neighbor, he built a gate with a "trespassing" sign on it, because he believes he got that small piece of property through adverse possession (he bought his property only 3 1/2 years ago).

[aaron]

The statute of limitations for a prescriptive easement in California is five years. Also, a permissive use shouldn't result in a prescriptive easement. Here's a very good article on the subject.