Can recreational uses establish a prescriptive easement?
In general, no. A special Civil Code section acknowledges that it is in the best interests of the state to encourage owners of private real property to continue to make their lands available for public recreational use and provides that such use cannot ripen into a prescriptive easement. However, this statute does not apply to land within 1000 yards inland of the mean high tide line (these owners, as discussed below, may avoid prescriptive easements by posting signs pursuant to Civil Code 1008, recording notice pursuant to Civil Code813, or entering into an agreement with a governing agency). See Civil Code 1009. Can a prescriptive easement be perfected against a landlord? While a prescriptive easement may be obtained against the possessory rights of a tenant, a prescriptive easement cannot be obtained against a landlords reversionary interest. The landlord has no possessory rights during the term of the lease, so, as a technical matter, invasive uses are not adverse to the landlords i
