Full question:
My Property Fence line Erected Near 1963 On Surveyed 70 Acres. Listed To Sell, Neighbor Buying Adjacent Land 1986, Is Concerned Fence Is On Her Land. I Ask You My User As Of Right To Gain Prescribed Easement, asap.
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: California
Answer:
An easement can be established in several ways: through an express grant, by implication, by necessity, by permission, or by prescription. An express easement is created through a deed or will and must be in writing. An easement by implication arises when it is reasonably necessary for the enjoyment of the property, especially when the land is divided. An easement by necessity occurs when one parcel of land requires access over another for its use, provided both parcels were once owned by the same person.
A permissive easement allows someone to use another's land but can be revoked at any time. To prevent a permissive easement from turning into a prescriptive easement, landowners can post signs indicating permission. Most disputes arise from easements created without permission.
An easement by prescription is gained through adverse possession, which allows someone to acquire title to another's land after using it for a specified period, as defined by state law. The use must be open, notorious, hostile, and continuous. In California, for example, this period is five years, during which the user must pay property taxes and maintain the property (Cal. Civ. Code § 325). If the land is used with the owner's permission, it is not considered adverse, and such permission can invalidate a claim of adverse possession.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.