What is the test for establishing a prescriptive easement on an open, notorious, continuous and adverse property?
California, United States of America
The following excerpt is from Daniels v. Weir, C083844 (Cal. App. 2020):
Weir's property was open, notorious, continuous, and adverse for an uninterrupted period of over five years. (Warsaw v. Chicago Metallic Ceilings, Inc. (1984) 35 Cal.3d 564, 570 [to establish a prescriptive easement, a party must show use of the property was "open, notorious, continuous and adverse for an uninterrupted period of [at least] five years"].)
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