Legal Question in Real Estate Law in California

In california can a legal easement develope from repeated use without objection of the landowner?


Asked on 8/30/11, 1:59 pm

2 Answers from Attorneys

It can if all the legal requirements are met.

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Answered on 8/30/11, 2:02 pm
Anthony Roach Law Office of Anthony A. Roach

Yes, it is called a prescriptive easement. As Mr. McCormick points out, there are certain legal requirements. "The elements necessary to establish an easement by prescription are open and notorious use of another's land, which use is continuous and uninterrupted for five years and adverse to the land's owner." (Grant v. Ratliff (2nd Dist. 2008) 164 Cal.App.4th 1304, 1308.)

Those elements are important. Certain things will defeat a claim to a prescriptive easement, such as permission from the owner, or discontinued use.

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Answered on 8/30/11, 3:55 pm


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