Articles

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Your neighbor may obtain a prescriptive easement across a portion of your property if all elements of a "prescriptive easement" are established. First, the neighbor must not attempt to conceal the use of a portion of your property and such use must be apparent upon inspection. Second, the use must not be with your permission. Unlike an adverse possession claim, the use of your property does not need to be exclusive. For example, the user of a common driveway may claim the right to a prescriptive easement. Third, a continuous claim of right with periodic acts that put you on notice of the claimed easement for eighteen years must exist. The eighteen year statutory period may be shortened to seven years under limited circumstances where property taxes have been paid.