[frog in a pot]

Dolgin’s 1990 decision in Sevier concerned whether tranfer of title disrupted the statutory period; that is a different issue than what is presented in this matter.

In any event, the 5 year statutory period here did not commence, at best, until just 2 years ago – there could not have been any adverse possession or use, of course, while the prior owner’s were in title. Our new buyers no doubt realize how important it is to take action in that regard during the next 3 years.

[editor-surveyor]

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Prescriptive rights have absolutely nothing to do with “adverse possession.”

They are simply the right to continue any productive use that has continued for a year or more, or were provably prevented for a year or more.

It need not have any adverse nature, and can be mutual.

They can only be prevented from ripening by a prior consensual agreement. That usually cannot be applied to the sole and necessary access to a parcel.

California specifically prohibits and nullifies any action that would “land lock” any parcel.
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