Monterey, CA asked in Real Estate Law for California

Q: Can a prescriptive easement be granted to someone using a private road for a shortcut to their property?

they are exiting a public road, driving on a short private road, then back onto a public road, then arriving at

their property. The distance is longer than if they stayed on the public road.

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1 Lawyer Answer
William Stanger
William Stanger
  • San Jose, CA
  • Licensed in California

A: Yes, there is no requirement in California that the person seeking the prescriptive easement needs to be using it to access adjacent property, and there is no requirement that they have to take the shortest path. So long as the proper elements are met, there is a chance the claimant could be granted a prescriptive easement.

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