What is a prescriptive easement?

A prescriptive easement is a type of property law in California that gives someone (or a group) the right to use another person’s property, such as a driveway, for a certain amount of time. To establish a prescriptive easement, the person (or group) must use the property for an uninterrupted period of five years or more. During this time, the person (or group) must use the property as if they owned it-- that is, must openly, continuously, and adversely use the property in a manner that is exclusive, continuous and uninterrupted. For example, if a person has been using their neighbor’s driveway for five years or more without the neighbor’s permission, they may be able to establish a prescriptive easement. This means that they may be able to continue using the driveway and the neighbor may not legally be able to stop them. However, the neighbor still owns the property, so the person with the prescriptive easement cannot make any major changes to it or prevent anyone else from accessing the property.

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What is a prescriptive easement?

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