Legal Question in Real Estate Law in California
easement
Can an appurtanent easement be extinguished by an adverse possession claim if all the elements of the adverse possession claim can be proven ?
2 Answers from Attorneys
Re: easement
An easement appurtenant is created to benefit another tract of land which is incident (connected) to the ownership of the land. Adverse possession is something open and adverse to the easement use. So it almost sounds like there's a third party involved. Therefore, I'd feel more comfortable answering this question with some actual facts. Feel free to contact my office.
Re: easement
Probably not, but it depends on the type of easement. if the easement is by necessity then no. If the easement is prescriptive it may have to be unused for a long long time for it to extinguish on its own. If the easement is recorded I would have to see. Let me know if you want my help.
Best,
Daniel Bakondi, Esq.
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