California prescriptive easement law

Cal. Civ. Proc. Code §§ 321, 325; Cal. Civ. Code § 1007

What actually decides a claim here

• •Five years of open, notorious, continuous, and hostile use.
• •Unlike adverse possession, a prescriptive easement claimant does not have to pay the taxes on the strip.
• •A recorded notice under Civ. Code § 813 can defeat a claim of public prescriptive rights.

Related terms

General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.