What are the elements of an easement by prescription?

California, United States of America


The following excerpt is from Hinrichs v. Melton, 11 Cal.App.5th 516, 218 Cal.Rptr.3d 13 (Cal. App. 2017):

The elements of an easement by prescription are open and notorious adverse use of the land of another that is continuous and uninterrupted for the five-year statutory period. (Connolly v. McDermott (1984) 162 Cal.App.3d 973, 976, 208 Cal.Rptr. 796.) The burden of proof is on the party asserting the prescriptive easement. (Ibid . ) It is for the trier of fact to determine whether the elements of a prescriptive easement have been established. (Ibid . )

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