Quote:
Originally Posted by Advogado
A prescriptive easement has nothing to do with a deed date nor does it require "permission". In fact, permission might negate a prescriptive easement. Since originally raising this issue, I have seen several references to the path's having been used by residents for decades. If so, the people cut off by the wall may well have met the twenty-year-use requirement and should certainly explore the possibility that they have already obtained a prescriptive easement by such use. IF they have, then the Developer's erection of the wall was an improper interference with such easement. Some big "ifs", I know, but the affected residents shouldn't overlook this possible arrow in their quiver.
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Not since it was quit claimed in 1998, and thus the 20 years begin then for any possible but not probable prescriptive easement because ownership changed. Therefore, it has not been 20 years so it does not apply. The decision has already been made.