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Prescriptive Easements

Prescriptive Easements. Basic Concepts. Analogous to adverse possession. Land need not be in common ownership. Use not required before severance. Only affirmative prescriptive easements are possible. Elements. 1. Open & Notorious Obvious to someone looking at the property.

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Prescriptive Easements

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  1. Prescriptive Easements

  2. Basic Concepts • Analogous to adverse possession. • Land need not be in common ownership. • Use not required before severance. • Only affirmative prescriptive easements are possible.

  3. Elements 1. Open & Notorious • Obvious to someone looking at the property. • Use was without permission (if had permission, would be license).

  4. Elements 2. Adverse to Owner’s Claim of Right • Use would impinge on owner’s rights.

  5. Elements 3. Exclusive? • Majority = no • Minority = yes

  6. Elements 4. Uninterrupted Use

  7. Elements 5. Continuous • X number of years (often specified by statute)

  8. Beebe v. DeMarco

  9. State ex. Rel. Thornton v. Hay

  10. Scene from Goonies with Haystack Rock

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