Legal Question in Real Estate Law in California

Perscriptive easement to adverse possession?

A neighbor obtained a prescriptive easement over a large portion of my land (7,500 sq ft.) I retained title. Can he now get title by adverse possession by paying the taxes even though I am also paying the taxes?


Asked on 7/06/99, 10:37 pm

1 Answer from Attorneys
Jed Somit Jed Somit, Attorney at Law

Re: Perscriptive easement to adverse possession?

Generally, an easement is not "hostile use" to allow adverse

possession, since it is a use within his rights and not hostile to yours

(even if you did not agree to the easement). An easement is not

generally "possession". And if you pay the taxes, the neighbor should

not be able to acquire the property through adverse possession. But this

is a general answer and not based upon knowledge of your specific facts or

the history of this dispute.

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Answered on 7/09/99, 8:54 pm


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