California Real Estate SalespersonProperty Ownership and Land Use ControlsMedium
For 6 continuous years, a rancher openly used a dirt trail across a neighbor's unfenced land to move cattle, without permission and in a manner visible to anyone. California's period for acquiring a prescriptive easement is 5 years. Which additional element must the rancher prove to establish a prescriptive easement?
- AThe rancher must hold recorded title to an adjacent parcel
- BThe use must have been hostile and adverse to the owner's title
- CThe neighbor must have given written consent
- DThe use must have been paid for with rent
Show answer & explanationAnswer & explanation
Correct answer: B. The use must have been hostile and adverse to the owner's title
To establish a prescriptive easement in California, the use must be open, notorious, continuous, and hostile/adverse (without the owner's permission) for the statutory period of 5 years; paying rent or having consent would defeat the claim because it would show permissive use.
Why the other options are wrong
- A. Unlike easement appurtenant, a prescriptive easement does not require the claimant to own adjacent land.
- C. Written consent would make the use permissive, which prevents a prescriptive easement from forming.
- D. Paying rent implies permission, which defeats a prescriptive easement claim.
Prescriptive Easement
An easement acquired through continuous, open, notorious, and hostile (non-permissive) use of another's land for the statutory period, which in California is 5 years.
- Elements: open and notorious, continuous, hostile/adverse, for 5 years
- Unlike adverse possession, no requirement to pay property taxes
- Permission from the owner defeats the hostility element
Memory trick: OCH-5: Open, Continuous, Hostile, for 5 years — no permission, no taxes needed.