To establish an easement by prescription, the claimant must prove the use was open and notorious, hostile (without the owner's permission), continuous and uninterrupted for the statutory period (often 10-20 years). Unlike a regular easement, no agreement or payment is involved. The property owner can prevent a prescriptive easement by granting permission, blocking access, or posting the property.
A neighbor has been crossing your property to reach a lake for 15 years without your permission. The use has been open, continuous, and hostile. After the statutory period, the neighbor may claim an easement by prescription through the courts.
Remember the elements with CONAH: Continuous, Open, Notorious, Adverse/Hostile. The use must be WITHOUT permission — if you give permission, it defeats the hostile element. This is the biggest exam trick: permission destroys a prescriptive claim. Prescription gives USE rights, not ownership (that would be adverse possession).
Related Terms
Related Concepts
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
Frequently Asked Questions
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