My neighbor is now suing me for a Prescriptive Easement for an access road across my property that he claims was perfected between 1995 and 2000 (the required five year period). However, I have found the 2011 California Code of Civil Procedure; PART 2. OF CIVIL ACTIONS [307 - 1062.20]; CHAPTER 2. "The Time of Commencing Actions for the Recovery of Real Property"; Section 315; that seems to indicate this civil action should have been brought within 10 years of his claimed easement (2000). In 2001 I purchased this parcel and granted the same neighbor permission to use the access road. He now wants to go back in time to claim an easement. More than 10 years have passed since his hostile and notorious use, so the suit should be nullified. Am I correct?
The term property refers to things a person can own or possess. There are two types: real property (real estate) and personal property (everything else).
Residential property is real estate that has been developed or zoned to be used for living, such as single family houses, apartments or mobile home parks.
by attorney Michael Wasylik
Will my attorney be able to delay the process so I can stay in my home longer?