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Old 04-29-2016, 10:25 PM   #5 (permalink)
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Join Date: Sep 2005
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Location: norcal
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i dont understand how perspective easement doesnt apply to this trail

Prescriptive Easement

A prescriptive easement is created when a person uses land of another, without the landowner’s consent, in such a way that the landowner should reasonably be aware of, and does so for a continuous period of five years. The most litigated concept here is continuity of use. Continuous use does not mean constant use. The use need only be as frequent as is appropriate given the nature of the easement and the character of the land. Particularly in rural areas, occasional or seasonal use of an easement may be sufficient. Because action is a factor in the creation of this type of easement, no writing is required.
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