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Prescriptive easements are similar to the concept of adverse possession. A prescriptive easement can only be created if the other party is using your property without your consent, that use is continuous, and it is "open and notorious" and adverse to your claim of perfect title for the statutory period, which varies from state to state but is usually at least a few years. Then the other party would have to sue to quiet the title to the easement in their favor. So, all that mumbo-jumbo aside, just don't let a neighbor use your property. Let them know if they are using your property and you are unhappy with it. If you are civil, most folks are willing to be amicable. If the use continues, consult an attorney about your best course of action.

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15y ago

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