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What is a prescriptive easement?

On Behalf of | Feb 21, 2020 | Real Estate Law |

An easement is when someone has the right to use part of your property to access his or her own property. Sometimes an easement is with another property owner or it may be with a utility company, the local government or some other type of organization or business. In any case, most easements have a record on file that you will discover during the process of buying the property. However, there are some easements that do not have written records, such as a prescriptive easement.

According to the Florida Bar, there are five main factors that create a prescriptive easement. It starts when someone uses your land for a specific use. You know about the use or it was so obvious that you should have known about it. Furthermore, the person uses a defined route on your property every time he or she uses it.

This easement needs to be something that has been going on for a continuous 20 years at a minimum. Meaning that the person has been using your land for 20 years without any interruption.

Also, there needs to be something about the use that is unfavorable to you. Perhaps that is that you did not give your permission for the use or it affects your enjoyment of the use of your own land. You also could have a cause of action against the person for the use of your land. This is important because if you wish to go to court to try to end the use of the land, you must show an adverse effect to you.