Updated on October 14, 2025

Prescriptive easements can be complex but understanding how they work is essential for property owners. Unlike traditional easements created through agreements, a prescriptive easement arises from long-term, continuous use of someone else’s property without permission. In California, this legal concept can give a person the right to use land for specific purposes, such as access to a road or pathway.

Key Takeaways – Easement by Prescription

• Prescriptive Easement in California grants legal usage rights—not ownership—after 5 years of continuous, open, and unpermitted use.
• To establish one, claimants must prove use was hostile, visible, and uninterrupted.
• Property owners can block claims by granting permission or interrupting use before the statutory period ends.
• Unlike adverse possession, prescriptive easements don’t require tax payments or transfer ownership.
• Legal help is essential—errors in proof, timing, or strategy often determine success or failure.

What Is a Prescriptive Easement in California?

A prescriptive easement is a legal right to use someone else’s land for a specific purpose, acquired over time through continuous and open use without the owner’s permission. Unlike traditional easements, which are typically established through a written agreement, prescriptive easements arise from long-term use that meets certain legal criteria.

In other words, historic use for a period of 5 years or more is what can aid in establishing a prescriptive easement. Understanding how to obtain, prove, or fight a prescriptive easement is crucial for property owners and those who might benefit from or be burdened by such easements.

To establish a prescriptive easement, several key elements must be met:

• Open and notorious use – The use is visible and obvious to the property owner.
• Hostile use – The use occurs without the property owner’s permission (this does not mean aggressive).
• Continuous and uninterrupted use – Typically over five years in California.
• Exclusive use – The claimant’s use is distinct from general public use.

This type of easement is often important for landlocked properties or for access to shared pathways.

Also read – Schorr Law Wins Los Angeles Jury Trial, Obtains Prescriptive Easement for Apartment Building

How Can You Prove a Prescriptive Easement?

To establish a prescriptive easement, you need evidence that all elements are met. This may include:

• Witness testimony documenting long-term use
• Photographs or maps showing the property and use over time
• Documents demonstrating historical access or use
• Letters regarding a lack of permission

Courts will review whether the property owner was aware — or should have been aware — of the use and failed to object. Even mistaken belief about property boundaries can support a prescriptive easement claim if permission was not granted.

How Can Property Owners Fight a Prescriptive Easement Claim?

Property owners can take proactive steps to protect their land and fight against someone acquiring prescriptive rights:

• Interrupt use before the statutory period ends (physically block access or give explicit permission).
• Document permission – Written notices or posted signs indicating that use is allowed by consent.
• Challenge claims – Provide evidence that one or more prescriptive elements (continuous, hostile, open, or exclusive use) are not met.

Early action is crucial because once the statutory period passes, a prescriptive easement may be established.

Also read – How to Protect Your Property From Prescriptive Easement?

What Are the Benefits and Drawbacks of Prescriptive Easements?

Prescriptive easements offer benefits and drawbacks to both property owners and those seeking to establish such easements.

For claimants:

• Secures legal access to land or pathways.
• Valuable for landlocked properties or restricted access areas.
• Once perfected the dominant tenement (the owner of the prescriptive easement) can record a quiet title judgment that will usually allow the easement to run with the land and be used by future owners.

For property owners:

• May limit property usability or reduce value.
• Can lead to lengthy and costly disputes.

Legal disputes over prescriptive easements often strain relationships between neighbors and may require court involvement.

How Much Does It Cost to Obtain a Prescriptive Easement in California?

Obtaining a prescriptive easement can be costly and vary depending on:

The costs can vary widely depending on:

• Complexity of the case
• Legal representation
• Court fees and evidence gathering
• The length of time the Court sets the matter out for trial – in other words, how long you have to wait for trial.
• Expert testimony or property surveys

Note: In California, attorney fees are typically not recoverable in prescriptive easement cases, which is an important factor to consider.

What’s the Difference Between a Prescriptive Easement and Adverse Possession?

Prescriptive easements and adverse possession are similar legal concepts, but they differ in significant ways.

Essentially, adverse possession can transfer ownership, while a prescriptive easement only grants usage rights.

How Do Prescriptive Easement Laws in California Compare to Other States?

In California, the requirements for establishing a prescriptive easement are similar to those in other states, but there are some unique aspects.

• The statutory period for a prescriptive easement in California is five years, shorter than many other states.
• California law considers absence of permission as hostile use.
• Shorter statutory periods make it easier to establish easements compared to states with longer requirements.

Why Is It Important to Consult a Real Estate Attorney for Prescriptive Easement Cases?

Given the complexity of prescriptive easements and the potential for costly legal disputes, it is essential for property owners and potential claimants to consult with a qualified real estate attorney. An experienced attorney can help navigate the legal requirements, gather necessary evidence, and develop strategy to either establish or contest a prescriptive easement.

Whether you are seeking to obtain a prescriptive easement or need to protect your property rights, consulting with an attorney ensures that your interests are represented effectively.

At Schorr Law, our easement attorneys frequently take over cases where one of the parties has already made a major mistake in the negotiation or litigation process giving us an opportunity to capitalize on their mistake to our client’s advantage. Many lawyers who do not regularly practice in this field make mistakes by quickly jumping to conclusions and making simple allegations without realizing that those very allegations often support the claims our client is making.

We want to win for you so we are going to be strategic and not make the wrong tactical move. Moreover, we have actually done trials on prescriptive easements – even a recent jury trial that we won! Trials are rare in California, let alone jury trials in the easement world.

For more information or to seek legal advice, contact Schorr Law, where our experienced real estate attorneys are ready to assist you in all matters related to California prescriptive easements and property rights. Protect your property and secure your rights with expert legal guidance. Contact our Los Angeles real estate attorneys today at (866) 718-2892 or fill out our contact form here.

Frequently Asked Questions About Prescriptive Easements in California

Q1: What is a prescriptive easement?

• A prescriptive easement is a legal right to use another person’s property for a specific purpose, gained through continuous, open, and hostile use over a statutory period.

Q2: How long do I need to use a property to gain a prescriptive easement in California?

• In California, the statutory period is five years of continuous, open, and unpermitted use.

Q3: Can a property owner stop a prescriptive easement from being established?

• Yes. Owners can interrupt the use, grant permission, or post notices indicating that use allowed, preventing the “hostile” element required for a prescriptive easement.

Q4: Does a prescriptive easement give ownership of the land?

• No. A prescriptive easement only grants the right to use the land for a specific purpose. Ownership remains with the property owner. And, case law says that you cannot get a prescriptive easement to maintain a permanent encroachment.

Q5: Do I need a lawyer to establish or challenge a prescriptive easement?

• Yes. Prescriptive easements can be complex and costly, so consulting a qualified real estate attorney ensures your rights are protected and your case is handled correctly.

Find Us on Google Maps