LAW 516-001 – 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
  2. Exclusive possession
  3. Continuous possession
  4. Hostile possession
  5. Open and notorious possession

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