My question involves an easement in the state of california
When researching prescriptive easements in california, the property has to be used for five years. Can that be any five years? For instance if my neighbor can prove that she was using a portion of my property for 20 years, but hasnt used it 10 years, can they still sue for an easement?
specific to my situation, there is a fence that does not follow the property line. This fence has been this way for at least 30 years. I purchased the property in 1998. We had a licensed survey performed in 2006 that clearly showed the fenceline cut off about 25 sq feet of our property.
Because one of the conditions of prescriptive easement is that the use has to be without the owners permission, and i have known about the use for the last six years (i have essentially granted approval for use), does my knowledge over the most recent six years void the conditions for such an easement?