Posted on 12/11/2004 3:04:38 PM PST by NormsRevenge
Although I am not an attorney, there is a statute of limitations of 5 years in California. It would appear that, even if the city did not have a legal right, the city had open and notorious use of the road and has created an easement through a prescriptive right. It could always "take" the land for public use through eminent domain and I imagine, compensation would be waived because of the statute of limitations on any claim.
Don't do it!
What you own is the "underlying fee," not the surface rights. In California, as in most of the states, you do own the fee to the centerline of the road, but it is encumbered by an easement that is held either by the city/county, or if it is a private road, by adjoining property owners.
If you make the mistake of blocking the road, you will get stuck for the cost of un-blocking it, plus the court costs to adjudicate the matter. Bad idea!
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