My question involves real estate located in the State of: Rural California
My husband and I moved into a home 4 years ago that was transferred to him about 10 years ago from his father. The home is located at the end of a court --end half of the court ( our property) is private with an easement for well/utility purposes only to our two neighbors. The neighboring homes were relocated here decades ago prior to us owning the home. The neighbors are accessing their homes from our private road and have been doing so for decades. They have been informed that we no longer want them using the road and we will be putting a gate up. We informed them they will need to make arrangements to access their home from the beginning of the court. This is not the first time they have been asked. My father informed them via lawyer over 10 years ago but they continued to use it and we notified them within the past few years. Now we just want it over and done with. So clearly one of them lawyer'd up. The attorney states that due to historical use they can continue to use it and advised us against the gate as the neighbors cannot access their homes - which is false, they can, just not conveniently. They are in no way landlocked. Can anyone tell me if they can actually gain an easement because they have used it for so long? Should we move forward with the gate and see what happens? What are the legalities?
A side note- both neighbors are terribly mean. They have lived her longer and are very defensive.
My husband and I moved into a home 4 years ago that was transferred to him about 10 years ago from his father. The home is located at the end of a court --end half of the court ( our property) is private with an easement for well/utility purposes only to our two neighbors. The neighboring homes were relocated here decades ago prior to us owning the home. The neighbors are accessing their homes from our private road and have been doing so for decades. They have been informed that we no longer want them using the road and we will be putting a gate up. We informed them they will need to make arrangements to access their home from the beginning of the court. This is not the first time they have been asked. My father informed them via lawyer over 10 years ago but they continued to use it and we notified them within the past few years. Now we just want it over and done with. So clearly one of them lawyer'd up. The attorney states that due to historical use they can continue to use it and advised us against the gate as the neighbors cannot access their homes - which is false, they can, just not conveniently. They are in no way landlocked. Can anyone tell me if they can actually gain an easement because they have used it for so long? Should we move forward with the gate and see what happens? What are the legalities?
A side note- both neighbors are terribly mean. They have lived her longer and are very defensive.
Use and Enforcement: Immediate Neighbors Using Our Road and They Are Mean
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