California Real Estate Broker ExaminationPropertyHard
A property owner discovers that a neighbor has been regularly driving across a corner of their land to access a public road for the past 25 years, openly and without permission. The property owner now wants to prevent this access. Which of the following legal concepts is most likely to apply to the neighbor's situation?
- AEasement by prescription
- BLicense
- CEasement by necessity
- DEasement in gross
Show answer & explanationAnswer & explanation
Correct answer: A. Easement by prescription
Easement by prescription is acquired when a person uses another's land openly, notoriously, continuously, and without permission for a statutorily defined period (typically 5-20 years, depending on state law, with California being 5 years). The neighbor's 25 years of open, unpermitted use strongly suggests a prescriptive easement has been established.
Why the other options are wrong
- B. A license is a revocable, non-transferable permission, which is not what has been established after 25 years of unpermitted use.
- C. Easement by necessity requires no other access to a public road, which is not stated here.
- D. An easement in gross benefits a person or company, not an adjoining parcel of land.
Easement by Prescription
An easement acquired by open, notorious, continuous, and hostile use of another's property for a statutorily prescribed period, without the owner's permission.
- Requires specific adverse use conditions.
- California's statutory period is 5 years.
- Can be prevented by granting permission or stopping the use.
Memory trick: Easements provide 'easy' access or rights.