Hello again, Vallory, and thank you for providing this additional information.
In California, a user of land may establish a prescriptive easement
by proving that his or her use of the other owner's property was: (1) continuous and uninterrupted for five years; (2) open and notorious; and (3) hostile.
Here is a link which sets out these elements and explains them further:
To obtain a court order for a prescriptive easement, you must typically obtain a court order by filing a lawsuit seeking the easement and proving your case. That can become expensive, so it is usually best to first attempt to resolve the matter with the neighboring land owner through mediation or negotiations with a local real estate
law attorney you would hire to represent you. This is often much less expensive than a lawsuit and often effective if the neighbor also wishes to avoid a lawsuit.
It sounds as though you would have grounds to pursue such an order, so I would retain a local attorney to discuss this matter with the neighboring owner or draft a demand letter to them.
I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!