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To establish a prescriptive easement in California, the adverse use of the land must be open, notorious, and continuous for at least five years. The open element requires the easement user to engage with the land in an open way, which can usually be ascertained by whether it appears the user is doing so in secret.
Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no. In Virginia, a specific statute addresses this last point.
Unless otherwise provided for in the terms of an easement, the owner of a dominant estate shall not use an easement in a way that is not reasonably consistent with the uses contemplated by the grant of the easement, and the owner of the servient estate shall not engage in an activity or cause to be present any objects ...
What Is An Easement In Real Estate? An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Activities: It is unlawful for any person to knowingly or intentionally conduct or allow to be conducted any activity upon real property owned or occupied by them which interferes with or obstructs the operation, maintenance or repairs of the facilities placed upon, in, under or above the real property by virtue of a ...