Legal Question in Real Estate Law in California

Re: Prescriptive easement prevention

If it is not stated in the statute, the number of times, it would be only once.

Re: Prescriptive easement prevention

Your question contains an inaccuracy. To prevent prescription by easement, you must post. Cal. Civ. Code Section 1008 specifically states, "No use by any person or persons, no matter how long continued, of any land, shall ever ripen into an easement by prescription, if the owner of such property posts at each entrance to the property or at intervals of not more than 200 feet along the boundary a sign reading substantially as follows: 'Right to pass by permission, and subject to control, of owner: Section 1008, Civil

Code.'"

The publication that you are referring to relates to a subsequent code section relating to dedication of land to public/government use. That allows for publication annually pursuant to Gov. C. 6066. This requires, "6066. Publication of notice pursuant to this section shall be once a week for two successive weeks. Two publications in a newspaper published once a week or oftener, with at least five days intervening between the respective publication dates not counting such

publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day, including therein the first day."

Typically, publication must be in a local paper that carries legal notices. The newspaper folks can probably help you with this requirement. Also note that there are sometimes several qualifying local papers with significantly varying prices.

In relation to preventing ripening of easements, Civ.Code Section 813 also provides for recorded notice and reads, in pertinent part, "813. The holder of record title to land may record in the office of the recorder of any county in which any part of the land is situated, a description of said land and a notice reading substantially as follows: "The right of the public or any person to

make any use whatsoever of the above described land or any portion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to control, of owner: Section 813, Civil Code."

The recorded notice is conclusive evidence that subsequent use of the land during the time such notice is in effect by the public or any user for any purpose (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is permissive and with consent in any judicial proceeding involving the issue as to whether all or any portion of such land has been dedicated to public use or whether any user has a prescriptive right in such land or any portion thereof. The notice may be revoked by the holder of

record title by recording a notice of revocation in the office of the

recorder wherein the notice is recorded. After recording a notice

pursuant to this section, and prior to any revocation thereof, the owner shall not prevent any public use appropriate thereto by physical obstruction, notice or otherwise."