Can an easement for ingress and egress be extinguished by adverse possession?

California, United States of America


The following excerpt is from Masin v. La Marche, 136 Cal.App.3d 687, 186 Cal.Rptr. 619 (Cal. App. 1982):

In Ross v. Lawrence (1963) 219 Cal.App.2d 229, 33 Cal.Rptr. 135, the court upheld a trial court determination that an easement for ingress and egress had been extinguished by adverse possession where the evidence showed that the owners of the servient tenement had used the easement for parking purposes for a period in excess of five years. The cars, of course, were continuously being moved on and off the easement. The court stated at page 234: "The continuity of use essential to the creation of an adverse claim need not be constant [citations]; it will suffice for this purpose if it is a use wholly inconsistent with the use of the servient tenement for

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