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Can a person file a prescriptive easement on their own or does it have to be filed by a lawyer?
Anonymous3 views3 answers
I agree with Mr. Ginn on this one.
Obtaining a prescriptive easement requires a trial, and cannot typically be handled by a non-lawyer.
I would strongly urge you to consult immediately with a litigator skilled in this area of the law.
PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING ATTORNEY WOULD NEED FAR MORE INFORMATION THAN HAS BEEN PROVIDED, AND WOULD NEED TO BE RETAINED PURSUANT TO A WRITTEN FEE AGREEMENT.
I agree with Mr. Ginn on this one.
Obtaining a prescriptive easement requires a trial, and cannot typically be handled by a non-lawyer.
I would strongly urge you to consult immediately with a litigator skilled in this area of the law.
PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING ATTORNEY WOULD NEED FAR MORE INFORMATION THAN HAS BEEN PROVIDED, AND WOULD NEED TO BE RETAINED PURSUANT TO A WRITTEN FEE AGREEMENT.
Most, if not all, legal issues can be handled without a lawyer (i.e., in pro per). However, a large majority of issues should be handled by a lawyer. They may seem simple but the complexity of the legal issues will soon become overwhelming once a non-lawyer is in litigation against a represented party.
A prescriptive easement is a legal doctrine, and is not a kind of document that you record. In order to have a claim of a prescriptive easement perfected, you would need to go to court and obtain a judgment that you have a prescriptive easement over certain property. The laws concerning the existence of a prescriptive easement are tricky, and it would make sense for you to retain an attorney to assist you if you wish to pursue this. The Los Angeles County Bar Association can refer you to an attorney who may be able to help you. The link appears below.
Best of luck to you.