Monday, December 1, 2014

If have a neighbor that wants to come on my property and use my steps to go down hill to their lower property all the time - what legal prob...

Question

If have a neighbor that wants to come on my property and use my steps to go down hill to their lower property all the time - what legal problems would I have? The steps are not in good condition and neighbor said would repair at her expense. What is my position? I live in San Diego, CA



Answer

You should consult with a competent real estate attorney near you. She may or may not have an easement, and may have created a prescriptive easement by repeatedly using your property. The attorney you consult with is going to want to review any title report you have, and conduct a more in depth interview on the property locations and how long this has been going on.



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