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What is the statute of limitations regarding 'easements by prescription' in Indiana?
Wiki User
∙ 15y ago
A quick check for information regarding prescriptive easements in Indiana yielded the following case. The section that recited the statutory period required to establish a prescriptive easement (20 years) is provided below. PAUL WILFONG vs THE Cessna CORPORATION IN THE COURT OF APPEALS OF INDIANA No. 47A01-0310-CV-406 August 3, 2004 "Prescriptive easements are not favored in the law, and in Indiana, the party claiming one must meet stringent requirements. Corporation for General Trade v. Sears, 780 N.E.2d 405, 410 (Ind. Ct. App. 2002). In order to establish the existence of a prescriptive easement, the evidence must show an actual, open, notorious, continuous, uninterrupted, adverse use for twenty years under a claim of right, or by continuous adverse use with the knowledge and acquiescence of the servient owner. Bauer v. Harris, 617 N.E.2d 923, 927 (Ind. Ct. App. 1993)."
Wiki User
∙ 15y ago
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