Also known as: adverse uses
Written by attorneys · grounded in primary & secondary sources — see below
A use of land belonging to another without license or permission. The use must be hostile to the owner's rights and satisfy requirements of continuity and lack of interruption to support acquisition of a prescriptive easement.
Austin Abbott drove delivery trucks across Anchor Bank's rear lot every weekday for fifteen years to reach his warehouse. He never sought permission and maintained the same schedule without any pause in his belief that the route was his right. The bank never interrupted the traffic. The continuous attitude of mind satisfies the requirement for adverse use.
Anita Ali crossed Alpine Mining's access road daily to reach her cabin. The mining company never filed suit to stop her and never physically blocked the road. Her use therefore remained uninterrupted for the full prescriptive period.
Select any source to read its text and confirm it supports the definition.
Andrew Avery maintained a footpath across Ashford Manufacturing's vacant parcel to reach a public trail. The path remained open and in regular use for the entire statutory period without any break or legal challenge. The continuous and uninterrupted character of the adverse use supports creation of a prescriptive easement.
Adrian Aguilar used a gravel driveway across Azure Solutions' property only during business hours to reach his loading dock. The denial of the owner's rights occurred solely during those hours. Any prescriptive easement is therefore limited to the same daytime schedule.
Alan Ackerman parked delivery vehicles on a strip of Anchor Bank's land for the full prescriptive period. Once the period ran, he gained immunity from trespass liability for those acts of use.
Anthony Arnold began crossing Howard's pasture to reach a public road. After Arnold sold his farm to Kunto with an assignment of all access rights, Kunto continued the identical crossings. The successive periods of adverse use may be combined because privity exists between the users.
A use is adverse when it occurs without license or permission and is hostile to the owner's rights. Permission granted by the owner prevents the use from qualifying as adverse.
Continuity requires that the user maintain an unbroken attitude of mind asserting the right. Lack of interruption requires that the owner take no legal action or physical steps to stop the use.
Yes. When privity exists between successive users, such as through a deed assigning the interest, the periods may be tacked to satisfy the prescriptive period.
The easement is limited to the precise extent of the denial of the owner's rights during the adverse period, including the schedule and character of the use.
Yes. Once the period runs, the user gains immunity from liability for the acts of use that occurred during the prescriptive period.
…appellants contend that their constitutionally established rights under the Fourteenth Amendment to exclude appellees from adverse use of appellants' private property cannot be denied by invocation of a state constitutional provision or by judicial reconstruction of a State's laws of private property. We postponed…