How To Prove A California Prescriptive Easement Defense

 

How To Prove A California Prescriptive Easement Defense

 

In California, a defense of Prescriptive Easement is defined as:

A prescriptive easement is one that was acquired by open and notorious use and without the owner’s permission for a period of time.

It simply means:

A person gets access to someone else’s property by open use for a certain number of years, without interference from the property owner.

There are 4 elements of the defense:

  • Element 1. The defendant’s use of land was open and notorious. The defendant’s use of the land was obvious and well-known to others, meaning that anyone could see they were using it regularly, which is important for claiming a legal right to continue that use without the owner’s permission.

    Facts that might support this element look like:

    * The defendant maintained a visible pathway across the plaintiff’s property, regularly used by neighbors and visitors for over ten years.
    * The defendant installed a fence along the boundary line, clearly indicating their use of the land for recreational purposes.
    * The defendant hosted community events on the property, drawing attention to their use of the land in a public manner.
    * The defendant’s use of the land included planting a garden that was easily observable from the street.
    * The defendant consistently parked vehicles on the disputed land, making their use apparent to anyone passing by.

  • Element 2. The defendant’s use of the land was continuous and uninterrupted. The defendant must show that they have used the land regularly and without breaks for a long time, demonstrating a consistent presence that suggests they have a right to use it, even if the land technically belongs to someone else.

    Facts that might support this element look like:

    * The defendant has maintained a pathway across the plaintiff’s property for over 15 years without interruption.
    * The defendant regularly used the land for recreational activities, such as walking and biking, every weekend throughout the year.
    * The defendant’s use of the land has occurred consistently, with no significant gaps or periods of inactivity.
    * Neighbors have observed the defendant’s continuous use of the land for various purposes, including gardening and storage, for over a decade.
    * The defendant has paid property taxes on the land in question, demonstrating a long-term commitment to its use.

  • Element 3. The defendant’s use of the land was adverse to the true owner. The defendant’s use of the land was without permission from the true owner and in a way that clearly showed they were treating it as their own, which is necessary to claim a prescriptive easement.

    Facts that might support this element look like:

    * The defendant openly maintained a fence on the property line for over 15 years, clearly indicating their use of the land.
    * The defendant regularly hosted gatherings on the disputed land, demonstrating their exclusive use and control over the area.
    * The defendant installed a permanent structure on the property without the true owner’s permission, asserting their claim to the land.
    * The defendant paid property taxes on the disputed area for several years, further establishing their belief in ownership.
    * The defendant’s use of the land was continuous and uninterrupted, occurring without any objection from the true owner for over a decade.

  • Element 4. The defendant’s use of the land was maintained for a period of five years. The defendant must show that they have been using the land in question openly and continuously for at least five years, demonstrating a long-term, consistent use that suggests they have a right to continue using it.

    Facts that might support this element look like:

    * The defendant has consistently used the land for recreational purposes, such as hiking and picnicking, for over five years.
    * The defendant has maintained a clear path through the property, demonstrating continuous use for more than five years.
    * Neighbors have observed the defendant’s regular use of the land for gardening and landscaping activities for the past five years.
    * The defendant has paid property taxes on the land in question, indicating a long-term commitment to its use for over five years.
    * The defendant has installed a fence along the boundary of the land, which has been in place for more than five years, marking their use.

(See Warsaw v. Chicago Metallic Ceilings, Inc., 35 Cal.3d 564, 570 (199 Cal.Rptr. 773, 676 P.2d 584)(1984). Gilardi v. Hallam, 30 Cal.3d 317, 321-322 (178 Cal.Rptr. 624, 636 P.2d 588) (1981). Windsor Pacific LLC v. Samwood Co., Inc., 213 Cal. App. 4th 263 – Cal: Court of Appeal, 2nd Appellate Dist., 3rd Div. (2013).)
If you’re in court without a lawyer and plan to assert a Defense of Prescriptive Easement, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively present your case.

Prove Your CA Prescriptive Easement Defense

U.S. Civil Cases Only

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