Legal Question in Real Estate Law in California

Yes, it can happen. However, the "adversity" of the servient landowner's possession must be more than mere occupancy and use of the easement area, because he already has a right to use the easement area in any way that does not impair the easement holder's rights. For example, if the easement is for an access driveway, the fact that the easement holder or his lessee never uses the driveway for ten years and the holder of the servient estate drives up and down it daily for the same ten years would not be adverse and would not extinguish the easement by adverse possession or prescription. On the other hand, if the servient owner erected a permanent building on the easement, blocking the driveway, this would be adverse and start the running of the five-year period resulting in extinguishment of the easement. In addition, under Civil Code section 811(4), when the easement was created by prescription (adverse use) in the first place, it can terminate by disuse for five years.