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Need advice for obtaining a Prescriptive Easement California

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  • Need advice for obtaining a Prescriptive Easement California

    Hi Everyone, I've owned land in Aerial Acres, CA (Kern County) for over 5 years now and would like a prescriptive easement. Please let me know if I can do this without lawyer's fees and fill out the necessary forms. I want to have legal access to the land I've been crossing over for several years (which doesn't have signs warning of private property) and get building permits. What are some pitfalls I need to watch out for concerning the judge? and where can I obtain the forms to apply for a "prescriptive easement" for California. Thanks for your time.

    -Adam
    Last edited by Adam1; 03-20-2013, 01:34 PM.

  • #2
    California has strict requirements for adverse posession/prescriptive easements.

    Adverse possession is the process in which someone acquires ownership of another's land. The claimant must prove: (1) possession under claim of right or color of title;
    (2) actual, open, and notorious occupation of the premises constituting reasonable notice to the true owner;
    (3) possession which is adverse and hostile to the true owner;
    (4) continuous possession for at least five years; and
    (5) payment of all taxes assessed against the property during the five-year period.

    Can you meet all of these requirements?
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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    • #3
      A great place to start thanks!

      Hi Alice, thanks for the reply. The adjacent land owner has not replied and lives in new zealand. There are no signs posted stating that its private property. If you could please help to clarify some of the parameters below I would greatly appreciate it. Cost is a factor and I want to know if this is possible to take care of without a real estate lawyer. Please be blunt with me if you think I must have a real estate lawyer for this process. I am not well-versed in this.

      You mentioned the following criteria:

      (1) possession under claim of right or color of title; [I own the land and their is no lien on the land. Is there anything else I would need to prove here?]

      (2) actual, open, and notorious occupation of the premises constituting reasonable notice to the true owner; [I've asked for a private easement in a cordial letter and received no response. Do you think I should state in writing to the owner that I have been traversing the land to give "reasonable notice"?]

      (3) possession which is adverse and hostile to the true owner; [Yes I have been needing to cross the land to get to a public road. Is there anything else I would need to prove here in the legal forms?]

      (4) continuous possession for at least five years; [Yes] and

      (5) payment of all taxes assessed against the property during the five-year period. [Yes]

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      • #4
        Great Thanks!

        Thank you Alice for all the help I really appreciate it! This is a great forum for getting legal questions answered.

        Edit: Also great job moderating the forums. I see some random spam messages get posted and then removed. That makes this site worth returning to even more.
        Last edited by Adam1; 03-24-2013, 06:43 AM.

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