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Obtaining a Prescriptive Easement in California

As we discussed in previous posts, there are many methods of creating an easement. Today, we discuss the creation of an easement by prescription.  Establishing a Prescriptive Easement To establish a prescriptive easement, a claimant must prove use of the property, for the statutory period of five years, which has been: (1) open and notorious; (2) continuous and uninterrupted; (3) hostile to the true owner; and (4) under a claim of right. (Main Street Plaza v. Cartwright & Main (2011) 194 CaL.App.4th 1044, 1054.) Generally, the claimant has the burden of proof of proving each of the elements necessary to establish that the easement has been created by prescription. (Code Civ. Proc. § 321.) Whether the easement satisfies the above requirements is considered a question of fact.

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Posted in Easement, Prescriptive Easement

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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