California Civil Code section 813(link is external) provides a simple means for landowners to protect themselves from someone asserting prescriptive rights or adverse possession. It states, in relevant part:

“The holder of record title to land may record in the office of the recorder of any county in which any part of the land is situated, a description of said land and a notice reading substantially as follows: ‘The right of the public or any person to make any use whatsoever of the above described land or any portion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to control, of owner.’

The recorded notice is conclusive evidence that subsequent use of the land during the time such notice is in effect by the public or any user for any purpose (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is permissive and with consent in any judicial proceeding involving the issue as to whether all or any portion of such land has been dedicated to public use or whether any user has a prescriptive right in such land or any portion thereof.” 

If you own land and suspect that an encroaching neighbor may be seeking to establish prescriptive rights or adverse possession, contact Janssen Malloy LLP to speak with an attorney about this simple, inexpensive option for protecting yourself and your property from such a claim in the future.