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