Legal Question in Real Estate Law in California

Re: prescriptive easement

I agree with Mr. Stone. In addition, note that it takes five years of encroaching activity for it to ripen into a prescriptive easement. Such easements aren't "granted" in the usual sense, but if after five years the trespasser goes to court to quiet title in his prescriptive easement, the court will issue a decree acknowledging its existence, which I guess is pretty much the same as "granting" it from the standpoint of the practical result.

There are many defenses to gaining a prescriptive easement in an urban setting by changing fence lines of the like, whether accidentally or by intent, and the neighbor is unlikely to win in court if you were sued to quiet title and defended knowledgably.

Re: prescriptive easement

Moving survey markers is a crime as well as being actionable in civil court, call the police.