What are the elements of a prescriptive easement?

California, United States of America


The following excerpt is from Brookbank v. Bowen, F067642 (Cal. App. 2014):

These elements "are designed to insure that the owner of the real property which is being encroached upon has actual or constructive notice of the adverse use and to provide sufficient time to take necessary action to prevent that adverse use from ripening into a prescriptive easement." (Zimmer v. Dykstra (1974) 39 Cal.App.3d 422, 431.)

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