What are the elements of an easement by prescription?
California, United States of America
The following excerpt is from Wernet v. Pitney, 2d Civil No. B260085 (Cal. App. 2016):
The elements of an easement by prescription are use of the land of another which is open and notorious, continuous and adverse for an uninterrupted period of five years. (Warsaw v. Chicago Metallic Ceilings, Inc. (1984) 35 Cal.3d 564, 570.) Whether the elements are established is a question of fact. (Ibid.) The party claiming a prescriptive easement has the burden of establishing each of the elements. (Lynch v. Glass (1975) 44 Cal.App.3d 943, 950.)
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