Quote:
Originally Posted by SpicyCajunPugs
I don't believe that would apply at all since the owner would have to specifically grant a "permanent easement", not just allow temporary access, for anyone to have any continuing rights to access a person's property.
|
On the contrary, as is the case with acquiring title to property by adverse possession, for someone to obtain a prescriptive easement, the owner doesn't grant him anything. Instead, the owner just doesn't stop that person (who claims the right to use the easement) from using the easement for at least 20 years. But, as I indicated in my earlier post, I don't know how long people have been using the path and it may be less than 20 years. It does seem, however, that it was being used in 1998--which gets you 15 years right there.
Here is how the link that I included in my post describes a prescriptive easement:
"A prescriptive easement, similar to adverse possession, is designed to obtain rights less than full ownership to land based on long-term use or enjoyment rather than agreement or statutory methods. In order for a prescriptive easement to exist, a party must show all of the following:
Actual, continuous and uninterrupted use (not possession) for twenty years
Use, under a claim of right, in conflict with the landowner's use
Knowledge of the landowner or use so open, notorious, visible, and uninterrupted that knowledge is imputed to the landowner (Downing v. Bird, 100 So.2d 57 [Fla. 1958]; 2 Florida Jurisprudence 2d Adverse Possession section 60)"
Its like your next door neighbor's putting part of his driveway on your property. After it's there for 20 years, you are out of luck if you want him to move it.
Food for thought anyway.