US-CaliforniaCan I get an easement by prescription in California?
Yes, you can obtain a prescriptive easement in California if you use someone else’s land openly, continuously, and without permission for at least 5 years.
What the Law Says
California law allows a person to acquire a prescriptive easement by using another’s land under specific conditions for a set period. The requirements are strict and must all be met.
To establish a prescriptive easement in California, your use of the land must be: (1) open and notorious (obvious enough that the owner could see it), (2) adverse and hostile (without the owner’s permission and inconsistent with the owner’s rights), (3) continuous and uninterrupted, and (4) exclusive (not shared with the owner or the general public).
The required duration is exactly five years. This period is set by statute and cannot be shortened or extended by agreement or circumstance.
Unlike adverse possession (which can lead to full ownership), a prescriptive easement only grants a limited right to use the land — for example, a pathway or utility access — not ownership of the land itself.
Statutory TextWhere, for a period of five years, a person has used real property openly, notoriously, adversely, continuously, and exclusively, such use may give rise to a prescriptive easement.
— Civil Code § 813 — Prescriptive Easements
What Courts Have Said
California courts have consistently applied strict standards to prescriptive easement claims, emphasizing that all elements must be proven clearly.
The court held that 'hostile' use means use without the owner’s express or implied permission — even mistaken belief that permission exists defeats hostility.
Confirmed that exclusivity does not require sole use, but the claimant’s use must be independent of the owner’s use — not merely concurrent or permissive.
What to Do
Document your use thoroughly: take dated photos, keep records of maintenance or improvements, and note witness names.
Confirm the use meets all five elements: open, notorious, adverse, continuous, exclusive — for a full 5 years.
File a quiet title action in superior court to legally establish the easement once the 5-year period ends.
Do not assume verbal or implied permission is harmless — any evidence of consent invalidates the claim.
Consult a real estate attorney before initiating legal action, as courts scrutinize prescriptive easement claims closely.
Sources
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US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.