Prescription

Prescription

A method of obtaining an easement although the owner of the land burdened by the easement has not agreed to grant the easement.


Easement by prescription is created only if the following conditions are met:
1. Continuous and uninterrupted use for five years;
2. Use is hostile and adverse to the owner;
3. Use is open and notorious;
4. Exclusive; and
5. Under some claim of right.

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