The Wisconsin Court of Appeals affirmed a circuit court ruling that a neighbor’s use of a private road was permissive, not hostile, so it did not meet the 20-year prescriptive-easement requirement.
Prescriptive easement requires adverse, hostile use that is open, notorious, under a claim of right, and continuous for 20 years.
A presumption of adverse use can be rebutted by proof that landowner permission existed.
Credibility determinations about permission and use are factual findings for the trial court and are reversed only if clearly erroneous.
Property law — Prescriptive Easement Requirements Cabak, who owned an adjoining 42-acre parcel to Winchell, claimed he had continuously used the road for more than 20 years to access his property. To establish a prescriptive easement, Cabak had to prove adverse, hostile use that was open, notorious, under a claim of right, and continuous for 20 years. Although the parties agreed that a presumption of adverse use applied, that presumption could be rebutted by evidence that the use was permissive.
the court noted that evidence concerning Cabak's use of the road by farmers and loggers did not establish hostile use because the Winchells had permitted such access. Because the Winchell's' permission defeated the hostile-use requirement, Cabak failed to establish a prescriptive easement. Statistics Statistics The technical storage or access that is used exclusively for statistical purposes.
Property law — Prescriptive Easement Requirements. We also may share this information about your activity on our website with our social media, advertising, analytics, and other business partners.
Long-term occupation of a property does not automatically amount to adverse possession. To establish such a claim, there must also be a clear assertion of hostile title along with the necessary animus.
Supreme Court clarifies the law on adverse possession, holding that prolonged occupation alone cannot confer title without clear hostile intent.
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