Jul 9, 2009 · Obtaining a prescriptive easement requires a trial, and cannot typically be handled by a non-lawyer. I would strongly urge you to consult immediately with a litigator skilled in this …

Mar 16, 2015 · In most states, there must be some aspect of claiming the property as one's own before one can acquire an interest in it by adverse possession--including a prescriptive …

Oct 19, 2011 · The law on easements is actually very logical and predictable. If you have been using part of your neighbor's property as part of your driveway, and if the neighbor has been …

Dec 4, 2012 · Prescriptive easements are analyzed through the common law, not statutory law. There is no way to give one a definitive answer on whether or not you have a prescriptive …

May 5, 2010 · The elements of prescriptive easements (in the case law) require that the use be 1) actual, 2) open and notorious, 3) hostile, 4) continuous and 5) exclusive. It's important to …

Jan 17, 2011 · A prescriptive easement has many of the same requirements as adverse possession of land. Once you have met the requirements of the easement, then it is said that …

Dec 10, 2014 · If a prescriptive easement has been established, however, the mere fact that the person stops using it - even for many years - does not alone terminate the easement. Some …

Apr 15, 2013 · All case law I can find speaks of a single owner for the duration of the prescriptive time period and never speaks of a new owner before the end of the prescriptive time period. …

Oct 23, 2012 · I have owned the property for 5 years. They neighbor has owned her property for 12 years. The neighbors fence is located 9 1/2 ft. on my property at one end and part of their …

May 10, 2016 · I'm aware of the nature of prescriptive easements, so I'm not challenging the legality of the overhead lines being there without an easement, however, the poles were old …