LegalMatch Free Legal Advice Forums     
Find A Lawyer Now!
Legal Forum

Go Back   LegalMatch Free Legal Advice Forums > Real Estate and Property Law Forum > Real Estate and Property Issues
User Name
Password Register
FAQ Members List Calendar Search Today's Posts Mark Forums Read


Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury
Real Estate Lawyers Immigration Business Lawyers Other Lawyers
Be assured that LegalMatch is Fast, Free and Confidential
Not Ready To Hire an Expert Lawyer? Get Online Legal Documents
Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 09-12-2006, 03:08 PM
Junior Member
 
Join Date: Sep 2006
Posts: 1
Default Do neighbors have prescriptive rights to our property?

We purchased our 3 acre parcel of property 6 years ago in California. The property borders up to a local school. We began building our home 4 years ago and have resided here for 1 year. Children and neighbors have been walking through this wooded 3 acres for about the last 20-30 years to get to the school. After we purchased the property and began construction of our home, we paved the dirt path & fenced it with intent to donate it to either the City or School. We didn't want the liability. It turned out that neither of them wanted the liability either so we gated the pathway off with locked gates and "private property" signs. Although this portion of our property is blocked off now from the public, there is another way around to the school which is approximately 5 minutes on foot. The gates went up about a month and a half ago and there are some neighbors upset that feel they have a prescriptive right to this portion of our property. We are not sure yet if they will sue for it, but chances are they may. I read that one of the criteria for determining prescriptive rights to use of property is "without significant objection or bona fide attempts by the owner to prevent of halt such use." Would all of our attempts which began 2 years ago to give it to the City or School fill this category? We made numerous attempts, even after rejections, to give it to both. The only permission we ever granted was to the school about 2 years ago. It was during one of our phone calls when we tried again to donate the path. When they said they didn't want the pathway, we advised that their children could still use it for the time being. I'm trying to determine if we are sued, if we have any chance. Should we pay for all the legal defense costs or just reopen that portion of our property to the public. We just don't want the liability associated it. There were numerous motorcycles racing all hours of day & night, dog fights, etc. Please help. Any info would be greatly appreciated.
Reply With Quote
Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 12:31 AM.

Find a Lawyer | Attorney Search by City/State | Law Library
Estate Lawyers | DUI-DWI Lawyers | Divorce Lawyers | Criminal Lawyers
Expungement Lawyers | Business Lawyers | Government Lawyers | Family Law Lawyers  
Real Estate Lawyers | Employment Lawyers | Bankruptcy Lawyers | Foreclosure Lawyers 
Personal Injury Lawyers | Child Support Lawyers | Child Visitation Lawyers | Child Custody Lawyers 
Immigration Lawyers | Landlord/Tenant Lawyers | Defective Products Lawyers | Christian Attorneys
Attorney Referral Services | Intellectual Property Lawyers | Bar Association Lawyers

Attorney Advertising | Law Firm Financing
LegalMatch Reviews | LegalMatch Forums | LegalMatch Family Lawyers | LegalMatch PR
LegalMatch in Austin | LegalMatch Life | LegalMatch Affiliate Program


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.