I have property in the Los Padres National Forest in Santa Barbara California. My problem is that I have a water tunnel that feeds water from a nearby spring onto my property. The water tunnel goes through my neighbors property and has done so for 80 years. The new owner of the land is threatening to bulldose my newly redone water tunnel. What rights do I have to my tunnel and what rights does he have to bulldose my property?
neighbor and boundries
- Thread Starter finem24
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Call a lawyer. You really need one. There are all types of laws that pertain, including potentially a "prescriptive easement." You may want to send your neighbor written notice that he has no right to bulldoze this tunnel and you hope to settle the matter amicably.
With regard to California, to acquire a prescriptive easement requires that your use must be (a) in the open, not in secret, (b) notorious and obvious, clearly observable, (c) hostile, without the landowner's consent and (d) continuous, without interruption for the number of years required by state law. was there any written consent from the prior neighbor? If there was none, it could be argued that you qualify under (c) in the absence of a written agreement giving you the easement in writing.
Here is case law I found:
"To establish the elements of a prescriptive easement, the claimant must prove use of the property, for the statutory period of five years, which use has been (1) open and notorious; (2) continuous and uninterrupted; (3) hostile to the true owner; and (4) under claim of right." See Tadina v. Bowles, No. C032230 (Cal.App. Dist.3 10/25/2001). "These elements are designed to insure that the owner of the property being encroached has actual or constructive notice of the adverse use with sufficient time to take action." See Sunburst Estates II Homeowners Association v. Sunburst Estates I Homeowners Association, No. B143938 (Cal.App. Dist.2 11/29/2001)
With regard to California, to acquire a prescriptive easement requires that your use must be (a) in the open, not in secret, (b) notorious and obvious, clearly observable, (c) hostile, without the landowner's consent and (d) continuous, without interruption for the number of years required by state law. was there any written consent from the prior neighbor? If there was none, it could be argued that you qualify under (c) in the absence of a written agreement giving you the easement in writing.
Here is case law I found:
"To establish the elements of a prescriptive easement, the claimant must prove use of the property, for the statutory period of five years, which use has been (1) open and notorious; (2) continuous and uninterrupted; (3) hostile to the true owner; and (4) under claim of right." See Tadina v. Bowles, No. C032230 (Cal.App. Dist.3 10/25/2001). "These elements are designed to insure that the owner of the property being encroached has actual or constructive notice of the adverse use with sufficient time to take action." See Sunburst Estates II Homeowners Association v. Sunburst Estates I Homeowners Association, No. B143938 (Cal.App. Dist.2 11/29/2001)
please help
we bought our home 14 years ago. a few months ago renter's moved in next door. they play their music loud, their dogs run free and use my yard as a bathroom and the yard looks like a junk yard. they dont work and they are up all night. we have ask and ask them to please be nice and keep it down because we have to go to early my husband works so we have to get up early. we even closed off one of windows in our bedroom to keep the noise out. last night it got really loud so we called the police but they did nothing. please help need sleep.
we bought our home 14 years ago. a few months ago renter's moved in next door. they play their music loud, their dogs run free and use my yard as a bathroom and the yard looks like a junk yard. they dont work and they are up all night. we have ask and ask them to please be nice and keep it down because we have to go to early my husband works so we have to get up early. we even closed off one of windows in our bedroom to keep the noise out. last night it got really loud so we called the police but they did nothing. please help need sleep.
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