Adverse Possession and Easement by Prescription

Question 1

Adverse Possession

Answer 1

The elements of adverse possession are possession which is:

(1) open and notorious (if it would put a reasonable person on notice that it was occurring);
(2) actual and exclusive possession (if only the possessor uses the property);
(3) hostile or adverse (lack of the owner’s permission—co-tenants are not adverse to each other);
(4) continuous (constantly being used for the purpose and in the manner reasonably and normally intended)—don’t forget tacking and privity of ownership among successive owners;
(5) for the statutory period.

Question 2

Easement by Prescription

Answer 2

An easement by adverse possession.