Quote:
Originally Posted by Advogado
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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)"
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advogado - i don't believe that it has been shown that use has been continuous [not to mention used for 20 years] - there was one post indicating that the access has been closed for one day per year for all of these years - however many they are!
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