California, United States of America
The following excerpt is from Hinrichs v. Melton, 11 Cal.App.5th 516, 218 Cal.Rptr.3d 13 (Cal. App. 2017):
The elements of an easement by prescription are open and notorious adverse use of the land of another that is continuous and uninterrupted for the five-year statutory period. (Connolly v. McDermott (1984) 162 Cal.App.3d 973, 976, 208 Cal.Rptr. 796.) The burden of proof is on the party asserting the prescriptive easement. (Ibid . ) It is for the trier of fact to determine whether the elements of a prescriptive easement have been established. (Ibid . )
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.