If you are wondering about the concept of prescriptive easement, you are in the right place. Prescriptive easement is a legal jargon that falls under real estate law. Prescriptive easement is a property right gained through long-term usage of someone else’s property. In this article, we will be discussing this legal term in great detail. 

What Is Prescriptive Easement?

Before we dive into the more significant details of this matter, let us begin with the basic definition of the legal term. A prescriptive easement is like a secret way to use someone else’s land. It happens when someone uses the land for a long time, even though the owner doesn’t know or doesn’t like it. The rules about how long you have to use the land depend on where you live.

Moreover, the usage of the property might be sufficiently continuous to be able to prove a prescriptive easement. Similarly, if a consistent requirement is required to use a prescriptive easement, it can be termed a continuity of purpose. 

However, a negative easement for acquiring a property through prescription cannot be determined. This is because there is no allowance for trespassing on the owner’s property. 

Case Law Example 

In the state of Oregon, a claimant claiming a prescriptive easement was required to showcase that their use of the land was “open and continuous.” moreover, this had to be proved according to the adverse to the rights of the servient owner. The claimant also had to prove they had acquired the land for ten years. 

However, the claimant was not required to showcase their exclusive property usage. Moreover, in the case of Beebe v. DeMarco, the court addressed whether the plaintiff’s usage of the roadway was adverse and continuous. 

How To Prove Prescriptive Easement?

Now, you are wondering through the ways you can prove prescriptive easement. Worry not; we will discuss how you can establish a prescriptive easement on the land. 

Adverse 

The first element you will be required to prove prescriptive easement is “adverse.” The term means the property user is acting without the owner’s consent. Moreover, they are also in conflict with the owner’s property interest. Similarly, it means if the usage of the land has allowed trespassing, then it would satisfy this element of proving prescriptive element. 

Back then, the manager agreed to put a gate in the fence, so the restaurant’s delivery vehicles could cross the lot. And, if the owner allows someone to use their land or property, then it’s hard to prove that any action taken is harmful.

Actual, Open, and Notorious 

Another element required for proving prescriptive easement is being “actual, open, and notorious.” This element means the party seeking an easement must have used the property. Moreover, this is especially required when his use of the land has been visible for the actual owner to have constructive notice. 

Similarly, constructive notice is when a theoretically reasonable landowner should have observed someone else’s land usage. In a similar case in California, a party aimed to establish a prescriptive easement to cross their neighbor’s land with their property. 

Moreover, the party was also observed for their ability to hide their motorcycles following the crossings. In this case, the court held that such “confidential” uses fail the element of open and continuous to prove prescriptive easement. 

Continuous and Uninterrupted 

The third element that you require to prove prescriptive easement is “continuity and uninteruption.” if you are planning to enforce an easement. Then, you must prove that you have continuously used the land for the statutory period. Moreover, keep in mind constant doesn’t mean constant. 

Imagine a scenario where someone needs to cross a property in their vehicle twice a day – once while going to work and once while coming back from work. In this case, an easement for a vehicle crossing the property might be established.

Also, if someone needs to use the property only once every season, they can still fall under this criteria. But, they are only eligible if they don’t interrupt the use. If the owner interrupts the use or if someone else interrupts the use, the element of continuity will be defeated.

Required period 

The period required to establish a prescriptive easement varies from state to state in the US. For instance, five years in California, ten years in New York, and 20 years in Wisconsin. Moreover, the use must exist for the stated period. 

Also, we need to consider the existence of this time period under the concept of “tacking.” This means that we can combine it with things like the times that the new owners have used the property. The property. 

Thus, these are the elements that you will have to prove to acquire a prescriptive easement on a property. 

Conclusion 

So, now you better understand the workings of the legal term prescriptive easement. If you want to make sure you understand the legal process and improve your chances in civil court, it’s best to get help from a seasoned civil attorney.

To increase your chances of obtaining a prescriptive easement for the property you have consistently used. It’s a good idea to include the items on the list in your case. That way, you can show that you’ve been using the property continuously and increase your chances of winning. Moreover, you can improve your chances of success by proving that your use of the property was open and notorious and demonstrating that your use was hostile to the property owner. Employing these components will help strengthen your case and provide a compelling argument for obtaining a prescriptive easement. Good luck with your efforts! 

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