Legal Question in Real Estate Law in California

Re: What is a

The term 'prescriptive easement' refers to the way in which the easement is created. They are based on what is sometimes called 'squatter's rights' and more technically, 'adverse possession.' When one party uses another's land, without permission, for a long period of time, the law may find that actual ownership -- or an easement for the use -- may pass to the person possessing or using the land from the record owner. In California, the requsite time period is five years.

Be careful not to confuse an easement by prescription with an easement of necessity. Courts sometimes find that transactions which created landlocked parcels necessarily also created an easement across the seller's land for access, even though no such easement is described in the deed. Such easements usually terminate when no longer absolutely necessary.

So, termination of the easement you describe may depend upon whether it is really a prescriptive easement or an easement of necessity. If the former, lack of necessity will NOT cause it to terminate; if the latter, it ordinarily will.

Deeding back the easement, by quitclaim or otherwise, is one way to terminate an easement. You should obtain legal advice in drafting and recording any such deed.

Re: What is a

An easement is limited to the use made during the period

in which it was acquired. It is not a general right to use the

land or portion affected. Thus, if there is no more "water delivery",

and water delivery was the only use claimed of the driveway during

the period the prescriptive easement was acquired, then there is no

more easement.

I assume, without the ability to analyze, that a prescriptive easement is involved.