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Real property

prescriptive easement

A prescriptive easement—also known as an easement by prescription or an adverse easement—is an easement (right to use property) created by a use of property (the servient estate) that is open, continuous, and adverse to the owner of the property (the servient estate).

To satisfy the requirement that the use be continuous, the use must take place over a required period of time—which may be specified in a state’s court opinions (common law or case law) or in its statutes if the state legislature has written the law regarding easements into statutes or code. If the state legislature has written a law in statutes or codes the law is said to be codified.

In Wyoming, a prescriptive easement is established when an individual uses another's property openly, continuously, and adversely for a statutory period of time. The use must be without the permission of the property owner and must be in a manner that could be noticed by the owner if the owner inspected the property. In Wyoming, the required period for establishing a prescriptive easement is typically 10 years. This is codified in Wyoming Statutes under Title 1, Chapter 3, Section 105, which specifies the time required for adverse possession, and by extension, can apply to prescriptive easements. It is important for property owners and those claiming a prescriptive easement to consult with an attorney to understand the nuances of the law and to ensure that their rights and obligations are properly addressed.

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Real property

prescriptive easement

Individual & Family Legal Plan

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Wyoming State Code

Wyoming State Code

Real property

prescriptive easement

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