May It Please The Court: Weblog of legal news and observations, including a quote of the day and daily updates

Skip To Content

MIPTC Author:

Bookstore:


Listed in Latino Who's Who, June 2014
 Attorney
Categories [more]
General (1982)
Lawyer 2 Lawyer (283)
Latest Blogs
This Month's Posts [more]
S
M
T
W
T
F
S
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Links of Interest [more]
Locations of visitors to this page

Creative Commons License
This work is licensed under a Creative Commons License.


Quote of the Day - Over no home can the sign be hung: There is no trouble here. - Chinese proverb
Adjust font size: A A+ A++
Claim Your Profile on Avvo

How To Prevent A Fee Simple Absolute From Becoming A Prescriptive Easement

And Other Nonsensical Real Estate Terms

If you own property that is occasionally used by others, then you might want to consider this code section and this case.  In order to avoid granting someone an easement over your property, you as the owner need to post a sign that reads:  "Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code."  A "No trespassing" sign doesn't cut it.  If someone other than the owner posts the sign, that action doesn't work, either.

It has to be posted by the owner and the sign has to read exactly as required by the code.

According to the case, the statute was initially enacted to benefit shopping centers (it was 1965, and they didn't call them malls yet).  The idea was to eliminate the old method of preventing a prescriptive easement by interrupting the use of the easement.  Apparently, shopping centers would shut down for a day so no one using the shopping center could claim an easement to pass over it.  Posting the sign allowed the shopping centers to remain open and keep the economy strong.

Long and short?  If you own property and allow someone else to use it with your permission, you might want to consider investing in a sign and following the requirements of the code.  Otherwise, you might find out that you no longer own a fee simple absolute.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Wednesday, March 29, 2006 at 21:39 Comments Closed (0) |
 
Share Link