Prescriptive Easement in California
Prescriptive Easement in California. What it is, how it is acquired and the burden of proof in Court
Prescriptive Easement in California DefinedA Prescriptive Easement is method of acquiring a limited right to use someone else's property (located in California) by continuously using that property in the manner required by law for five years. The right acquired to use the easement must be less than the right of ownership.
How a Prescriptive Easement is EstablishedTo establish an easement the use must be 1) open and notorious, 2) continuous and uninterrupted, 3) under a claim of right hostile (without permission) to the owners' right to exclusive use as owner, 4) for a period of 5 years
Clear and Convincing Evidence RequiredIn a Court action to establish a Prescriptive Easement or to be used as a defense to a Quiet Title or Trespass Cause of Action the burden of proof is on the person claiming the easement to be proven by Clear and Convincing Evidence.
Defense of Permissive Use can be inferred by conductA defense of permissive by the landowner can be either oral or written, express or implied by the conduct of the parties or general neighborly accommodations.