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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.
Section 845 of the California Civil Code provides in part that the owner of an easement is responsible for maintaining it.
An easement is where a landowner gives another a limited right to use their land most often for reasonable access to things like roads, trails, parks or beaches. It is not an ownership right in the land, it is the mere right to use another's land for limited purposes.
If the easement is a prescriptive easement, you can nullify it by creating a written or formal contract with the individual utilizing your property. In the contract, you can allow them the use of your property only under express circumstances, and nothing more.
Our Los Angeles Easement attorneys constantly deal with easement disputes of many types. One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is ? the owner of the easement is responsible for maintaining the easement.
Our Los Angeles Easement attorneys constantly deal with easement disputes of many types. One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is ? the owner of the easement is responsible for maintaining the easement.
The legal situation may not bother some people, but for others, it may. Most of the time, a property owner cannot block an easement that has already existed in the property's deed. When the property owner contests the easement's boundaries, a reputable local company in California can conduct a property survey.
ofway or easements for all existing offsite roads used for access to the development shall be sufficient to permit construction of the required road improvements, but in no case less than 60 feet wide.