Does Adverse Possession Apply To Easements?

When adverse possession occurs, the property is taken into ownership by the individual who has made open use of that property for the past two decades.

Prescriptive easement, like adverse possession, also grants certain rights to a property by those who have made use of that property for an extended period of time.

How does an easement by prescription differ from adverse possession?

Adverse possession requires total possession of the parcel of land. In both cases a person uses the land over a long period of time. The difference is in the right obtained. Adverse possession grants outright ownership of real property while a prescriptive easement grants use for a limited purpose.

How can an easement be acquired by prescription?

The user gets an easement by openly, adversely, continuously, and exclusively using the land for a number of years specified by state statute. Acquiring an easement by prescription today is similar to acquiring title to land by adverse possession.

What is an adverse easement?

An easement by prescription is one that is gained under principles of a legal concept known as “adverse possession”, under which someone other than the original property owner gains use or ownership rights to certain property.

Does a prescriptive easement run with the land?

No, it is not possible to obtain a prescriptive easement against land held by local, state and federal government. The courts have long held that “time does not run against the King.” See also Civil Code Section 1007. Can the government get a prescriptive easement across private land?

What is an example of adverse possession?

Adverse Possession. Adverse possession is a legal doctrine that allows a person to claim a property right in land owned by another. Common examples of adverse possession include continuous use of a private road or driveway, or agricultural development of an unused parcel of land.

What are the three types of easements?

These easements may be for public utility or power lines, phone lines, water pipes, sewers pipes, gas lines and often cable TV. There are three common types of easements.

There are three common types of easements.

  • Easement in gross.
  • Easement appurtenant.
  • Prescriptive Easement.

Which would terminate an easement?

Just as an easement can be created by prescription (adverse possession), an easement can also be terminated by prescription if the owner of the servient tenement excludes the easement holder from the usage of the easement for the prescribed statutory period of time.

What is an example of easement by prescription?

For example, easement by prescription can be claimed by a person who travels across a parcel of land owned by another and continuously for five years or more without the owner’s permission or consent.

Does a prescriptive easement need to be recorded?

A prescriptive easement is a legal doctrine, and is not a kind of document that you record. In order to have a claim of a prescriptive easement perfected, you would need to go to court and obtain a judgment that you have a prescriptive easement

Can you be forced to give an easement?

Since an easement on your property typically forms some type of burden on you, you have the right to deny that easement if you choose. However, with both public and private easements, the entity may take you to court in specific cases and a judge may force the easement on you when they deem it a necessity or relevant.

Can you build a fence on an easement?

An easement is the right to use a part of your property, by a third party, for a specific purpose. You can’t build on an easement. Nothing – not even a fence or part of a fence. If you do, you’ll have to take it down and compensate for any damages you might have caused.

What are the elements of adverse possession?

Though state statues differ, they all require the same basic elements of adverse possession. The law states that the possession of the property must be (1) actual, (2) open and notorious, (3) exclusive, (4) hostile, (5) under cover of claim or right, (6) and continuous and uninterrupted for the statutory time period.