procedures for determining who is rightful owner of property under CA law

Yes, you will have to make that disclosure.

You need to have the easement in writing, and recorded with the county recorder for it to be effective. Otherwise, you will need to go to court and get a determination that it is a prescriptive easement. No agreement regarding real estate is effective unless it is in writing.

You may want to consider hiring a survey to confirm which of the two properties has the road on it.

First you should hire a surveyor to properly map out the property lines. That said, you would need to disclose that the road may be on the neighbor's property, but has been there for 50+ years. If the survery shows your neighbor is correct, and if you get along with the neighbor, and if the neighbor will agree to provide you with an easement, you may want to have an attorney prepare and record an easement for the road.

For more information on boundary lines, fences and trees, please visit my website at www.yourlegalcorner.com

Disclaimer. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship.