PRESCRIPTIVE EASEMENTS IN CALIFORNIA LOU SEGRETI, MIKE WHITTON AND ANDY PULS
Introduction
Imagine discovering one day that your neighbor, a complete stranger, or even the public at large has
acquired the right to use part of your property without paying you a dime. Through what is known as a
prescriptive easement, over a period of time others could gain the right to access, cross, or otherwise use a
portion of your land without your consent. The rationale behind prescriptive easements is that long-time
users of property can acquire a legal interest at the expense of property owners who have slept on their
rights.1