Prescriptive Easements

"An easement by prescription may be acquired by adverse use for five years. The title so acquired is as effective as one obtained by conveyance, but it is not a marketable or insurable title until established of record by appropriate proceedings against the holders of record interests. Benson v. Shotwell (1890) 87 C 49, 25 P 249 (applied rule to adversely held land.)

The elements essential to establishing a prescriptive title are in general the same as those for acquiring land by adverse possession--open and notorious use, continuous and uninterrupted for the requisite period, hostile to the true owner, exclusive, and under a claim of right. Payment of taxes need not be shown, however, unless the easement is assessed separately from the land. Lee v. PG&E (1936) 7 C2d 114, 59 P2d 1005; Note, 32 Calif L Rev 438 (1944)." 1 Ogden's Revised California Real Property Law 559, (1974)

CAVEAT: Please consult an attorney for legal advice. Laws in the United States differ from one jurisdiction to another. Any law stated herein is for educational purposes only and may not apply to your particular circumstance.

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