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December 2025

Prescriptive Easements in California: What to Do When Long-Term Use of a Neighbor’s Land Creates Legal Rights

December 20, 2025 | By
Prescriptive Easements in California

When a neighbor has used part of your land for years, or you’ve relied on access across theirs, conflict often starts when a driveway is blocked, a pathway is closed, or a new owner suddenly changes access. In California, long-term, open use can create legally enforceable rights known as prescriptive easements. Understanding how a prescriptive easement in California is established helps property owners respond calmly, avoid escalation, and protect their property rights before a dispute turns into costly litigation.

Under California law, long-term, open, and adverse use of another person’s property can mature into a legally enforceable prescriptive easement, even without a written agreement.

What Is a Prescriptive Easement?

A prescriptive easement is a right to use another person’s land that arises under California common law when certain requirements

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Posted In: Blog, Easement and Encroachment Actions