“Plaintiff claims that he is entitled to a nonexclusive use of Defendant’s property for the purpose of [e.g., reaching the access road]. This right is called a prescriptive easement. In order to establish a prescriptive easement, Plaintiff must prove that for a period of five years all of the following were true: 1. That Plaintiff has been using Defendant’s property for the purpose of [e.g., reaching the access road]; 2. That Plaintiff’s use of the property was continuous and uninterrupted; 3. That Plaintiff’s use of Defendant’s property was open and easily observable, or was under circumstances that would give reasonable notice to Defendant; and 4. That Plaintiff did not have Defendant’s permission to use the land.”
[CACI Jury Instructions [citations omitted]]
