SHEP Writer

Property — Easement by Prescription

The Shortcut Path

For the past twelve years, Drew has walked and biked a worn dirt path across the edge of Sky's lot to reach a lake, openly and several times a week, without ever asking. The statutory period is ten years. Sky knew of the use the whole time but, being friendly, never objected and once told Drew, "Feel free to cut across whenever you like."

Law. An easement by prescription is acquired by use that is (1) open and notorious, (2) adverse or hostile — that is, without the owner's permission — and (3) continuous and uninterrupted for the statutory period. If the owner grants permission, the use is permissive and cannot ripen into a prescriptive easement no matter how long it continues. Unlike adverse possession, excluding the owner is generally not required.

In one paragraph, advise whether Drew has acquired an easement by prescription across Sky's lot.

one-paragraph · ≤ 120 words