Explanations

A prescriptive easement cannot be created through permissive use. One of the fundamental requirements for establishing a prescriptive easement (which is similar to adverse possession) is that the use of the property must be non-permissive, meaning it occurs without the owner’s consent or against their wishes. If an owner gives permission for the use of their property, then the use is not considered “adverse” or “hostile,” and thus, a prescriptive easement will not form, regardless of how long the use continues or whether taxes are paid. The typical statutory period in California for an adverse claim to mature, if it were non-permissive, is five years, often requiring the payment of property taxes for that period.

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