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  1. #1
    Join Date
    Feb 2011
    Posts
    3

    Default Can Allowing Neighbor Driving on Property Lead to a Prescriptive Easement

    The property is in Northern California. Currently, there is an easement on my neighbor's property right at the boundary to my property for me to drive through to get to my house. My neighbor also uses the driveway to get to his house. However, the driveway is too narrow. I am considering expanding the driveway on my property so that the driveway has room for two lanes bi-directionally. The new driveway will be wider and locate on the boundary of the two properties, one portion on my property and one portion on my neighbors.
    But I am afraid that allowing my neighbor to use the portion of driveway on my property will lead to prescriptive easement. And in the future he can claim a legal Ingress/Egress easement on my property and record it on the parcel. If that happen, I will not be able to revoke the usage. Also, when I sell the property in the future, the easement will hurt the value.
    Can any expert shed light on this issue and let me know whether the usage for access will give the possibility for my neighbor to claim the prescriptive easement? If I expand the driveway and let my neighbor to use it, what I should do to prevent it?
    Thanks a lot.

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Allowing Neighbor Driving on Property in California Lead to Prescriptive Easement

    If you alter the easement by addition then the neighbor can use the additonal portion when reasonable. Bascially if you physically widen the driveway, you can't tell the neighbor to stay on "his" side of the driveway only. The widen portion becomes part of the easement and it's use is governed by the standing easement.

    If you create a seperate driveway, then you can limit the use. Send a certified letter to your neighbor granting them permission to use the driveway. Once the person accepts the letter he no longer has the right to claim a prescriptive easement on that driveway. In order to obtain a prescriptive easement the access must be done without the owners consent. If you are granting them access, then it is by consent and you can revoke it at any time.

  3. #3
    Join Date
    Oct 2008
    Posts
    6

    Default Re: Allowing Neighbor Driving on Property in California Lead to Prescriptive Easement

    Quote Quoting antrc170
    View Post
    If you alter the easement by addition then the neighbor can use the additonal portion when reasonable. Bascially if you physically widen the driveway, you can't tell the neighbor to stay on "his" side of the driveway only. The widen portion becomes part of the easement and it's use is governed by the standing easement.

    If you create a seperate driveway, then you can limit the use. Send a certified letter to your neighbor granting them permission to use the driveway. Once the person accepts the letter he no longer has the right to claim a prescriptive easement on that driveway. In order to obtain a prescriptive easement the access must be done without the owners consent. If you are granting them access, then it is by consent and you can revoke it at any time.
    See Section 813 and 1008 of the California Civil Code.

    http://www.leginfo.ca.gov/cgi-bin/di...0&file=801-813

    http://www.leginfo.ca.gov/cgi-bin/di...file=1006-1009

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