tl;dr: I am considering buying a property and am concerned about a so-called "
prescriptive easement" having been created on the subject property. How do I figure out whether such an easement has in fact been created and how do I remedy it?
Reference the diagram below.
I am considering purchasing property "A". It abuts a "flag lot", property "B", which is raw land. The owner of property "C", adjacent to property "B" has a vehicle storage building at the back of their property and is unable to access the "main road" by traveling across the surface of their property (I believe their residence blocks access - don't ask me why they built a vehicle storage knowing they couldn't access it over the surface of their property). The owner of property "C" has installed a gate at the side of their property and paved across a portion of property "B" so as to connect to the existing driveway of property "A" for the purpose of driving vehicles in and out of their storage facility.
How do I know whether the owner of property "C" has acquired a prescriptive easement to use the driveway of property "A", the property I am considering purchasing? I have not spoken directly with the current owner of property "A" or property "C". The agent representing the seller of property "A" is either blissfully ignorant or intentionally playing dumb - I had to explain to them what a prescriptive easement is.
If a prescriptive easement in fact exists is it durable across property ownership transfers? What are my remedies?
Searching for prescriptive easements in California I found
this document explaining prescriptive easements - IDK whether it has any legal standing. I do know that the paved portion has existed for at least 5 years, meeting requirement (1) in the document. I believe the usage of the paved access and the driveway of property "A" was "open and notorious", meeting requirement (2). I do not know if it was "hostile", which I interpret as done without seeking permission.
I know this is a long shot and I may eventually have to consult an attorney specializing in California Real Estate law but my fellow Pelicans have surprised my in delightful ways in the past and I never say never.
Many thanks in advance.
