Prescription Against A Public Entity: You Just Can’t Do It.

Janssen Malloy LLP represents clients involved in real property disputes. These disputes generally involve private landholders who are claiming rights in each other’s respective properties. But what happens when the litigant who a prescriptive easement is claimed against is a public entity?

The short answer is it is impossible to claim a prescriptive easement over the lands of a public entity. California Civil Code section 1007 provides that no occupation, for however long, by any person, firm, or entity of any land, water, water right, easement or other property whatsoever dedicated to a public use by a public utility or dedicated or owned by the state or a public entity, shall ever ripen into any title, interest, or right against the owner thereof.  

So, the next time you are thinking about possessing some land of your neighbor who just so happens to be a local public entity, think twice … And call the attorneys at Janssen Malloy LLP.