In California, a property owner's neighbor has been openly using a path across the owner's land to reach a public road for six continuous years without the owner's permission. The neighbor claims a prescriptive easement. Has the statutory period been met?
Correct Answer
B) Yes, prescriptive easement in California requires 5 years of continuous use
Under California Code of Civil Procedure §318 and §321, the statutory period for acquiring a prescriptive easement is five years of continuous, open, notorious, hostile, and adverse use. The neighbor's six years of use exceeds the five-year requirement, so the statutory period has been met.
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A subcontractor in California provides plumbing materials for a residential construction project. The subcontractor did NOT serve a preliminary 20-day notice on the property owner. After the project is completed, the general contractor fails to pay the subcontractor. What is the consequence of failing to serve the preliminary notice?
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