Therefore, one who claims a portion of his neighbor's property can only prevail if in fact he has paid all taxes. Normally, people pay taxes in accordance with their Assessor's Parcel Number, which would not include the portion of the property for which title is sought from the neighbor. The most common defense to a claim of title by adverse possession is that of consent. If someone has allowed the use of the property for five or more years, even if the other elements are present, one cannot obtain title by adverse possession. In this type of action if the court rules that the five elements of adverse possession are present, it therefore quiets title in the name of the person making the claim.
Title companies have no problem insuring title once the decree is recorded.
It should be specifically noted that one cannot obtain title by adverse possession to property held for a public use, a public utility, or owned by the State or any public entity. This would include tide lands, streets and highways, and railroads. An easement is a nonpossessory interest in land. The elements necessary to establish an easement by prescription are identical to those required to establish title by adverse possession with the exception of the payment of taxes. The typical prescriptive easement situation arises where one party has for more than five years travelled across a specific trail through someone else's property in order to reach their property.