Property II

Prescriptive Easement

Prescriptive easements have the same requirements as adverse possession, minus the requirement of exclusivity and instead of "possession," it is just "use."

Adverse Possession

The adverse possession doctrine shifts title of land from the true owner to an adverse possessor after the statutory period expires.

For possession to ripen into title under adverse possession, most authorities hold that it must be:

  1. Actual Possession

    Actual possession is physically possessing the land as a true owner would. Mullis.

    Also known as constructive possession.

  2. Exclusive Possession
  3. Continuous Possession

    Continuous possession requires possessing the land as a true owner would without significant interruption.

    Successive possessors can "tack" their periods of possession. The "privity" required to tack their ownerships together requires the new owners to be the successors of the first.

  4. Hostile Possession

    Hostile possession is possession under a claim of right.

    Can be approached objectively or subjectively.

    • Objective Test
      • The objective approach focuses upon how an objective observer would evaluate whether the adverse possessor is exercising rights that are inconsistent with the rights held by the true owner.
    • Subjective tests:
  5. Open and Notorious Possession

    Open and notorious possession means it is visible and obvious to put a reasonable true owner on notice of an adverse claim.

all for the full duration of the applicable statute of limitations.