My question involves a Public Right of Way in the state of California. Approximately 100 years ago, a property owner recorded a map of lots, streets, and public right of ways (aka: alleys). Approximately 12-15 years ago, a neighbor decided to block the public right of way alley so that their own property appeared larger. The neighbor moved a fence. Nobody objected at the time.
The city planning and engineering departments agree that the maps clearly show the public right of way, and directed me to code enforcement to cause the neighboring property owner to respect the public right of way. Code enforcement doesn't want to get involved because it doesn't look like a public right of way at this time. The longest employment of the local code enforcement officer is less than the public right of way encroachment.
I'm a new neighbor with three lots along the public right of way and want to use the public right of way.
1. What action can I take to cause the neighbor to get out of the public right of way?
2. Can a public right of way be lost for lack of use over time?
3. If a public right of way can be lost for lack of use, how much time must pass to establish lack of use?
The access through the public right of way is significantly valuable to me. The blocked right of way is a public right of way, not a private easement.
The city planning and engineering departments agree that the maps clearly show the public right of way, and directed me to code enforcement to cause the neighboring property owner to respect the public right of way. Code enforcement doesn't want to get involved because it doesn't look like a public right of way at this time. The longest employment of the local code enforcement officer is less than the public right of way encroachment.
I'm a new neighbor with three lots along the public right of way and want to use the public right of way.
1. What action can I take to cause the neighbor to get out of the public right of way?
2. Can a public right of way be lost for lack of use over time?
3. If a public right of way can be lost for lack of use, how much time must pass to establish lack of use?
The access through the public right of way is significantly valuable to me. The blocked right of way is a public right of way, not a private easement.
Use and Enforcement: Is Theft of Public Right of Way Possible
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