What is the test for extinguishment by adverse possession of an easement?
California, United States of America
The following excerpt is from Dimick v. Casitas Del Mar Townhouse Inc., H034981, Santa Cruz County Super. Ct. No. 157522 (Cal. App. 2011):
Extinguishment by adverse possession, or prescription, may be of the entire easement or only partial. Furthermore, as relevant here, "[t]he nonpermissive erection and maintenance for the statutory period of permanent structures, such as buildings, which obstruct and prevent the use of the easement will operate to extinguish the easement." (Glatts v. Henson, supra, 31 Cal.2d at p. 371.)
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