Does a defendant have the necessary elements of a prescriptive easement?

California, United States of America


The following excerpt is from Ng v. Diaz, B202577 (Cal. App. 1/29/2009), B202577 (Cal. App. 2009):

Moreover, even if defendants had been able to establish all of the elements of a prescriptive easement, they still would not be entitled to the relief they seek. They are asking for an exclusive prescriptive easement. Defendants want to keep the current wall intact and continue to utilize plaintiff's land as their storage area. This would, as a practical matter, keep plaintiff from using his property. An exclusive prescriptive easement "will not be granted in a case (like this) involving a garden-variety residential boundary encroachment." (Harrison v. Welch (2004) 116 Cal.App.4th 1084, 1093.)

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