What are the criteria for claiming Prescriptive Easements?
The use of the land must occur in an actual, open, adverse, exclusive and continuous manner for a period of 15 years. In the case of public road authorities, if public monies are spent on the road, the time period is lessened to 6 years. The DNR is not a public road authority, so the 15 year standard applies to DNR prescriptive easements. “Actual” means the use occurred, rather than being planned or threatened. “Open” means the use is know to the owner. “Adverse” means the use is without the owner’s expressed permission. “Exclusive” means used only by the individual or entity claiming the rights. “Continuous” means it occurs on a regular basis.* * In rural or undeveloped areas, occasional and sporadic use may give rise to a prescriptive easement. The exact definition of “continuous” varies somewhat based on the nature of the use.
