If you’ve read the articles on this site, you are likely aware of the legal concepts of adverse possession and prescriptive easement. Essentially, these legal doctrines allow someone else to gain legal rights over your land under a very specific set of circumstances. Some clients have asked: how does one defeat potential claims of adverse possession or prescriptive easement, especially if the other party does not intend to stop trespassing?
The first way to defeat adverse possession or prescriptive easement is to bring a lawsuit in the local county circuit court. If the adverse party has not obtained rights to your property, unauthorized entrance onto your property is considered a trespass. As long as you can prove the unauthorized entry, and the lack of legal right to do so, a judge will likely look favorably on a claim to protect your property rights.
The second way to defeat an adverse possession or prescriptive easement claim is to give written permission for the use that is at issue. This might sound counterintuitive, but there’s a method to the madness. An element to a successful prescriptive easement or adverse possession claim is “hostility.” This means the adverse party’s use must be without permission. If permission is given, the time when the permission applies to cannot be counted towards the time to establish adverse possession or prescriptive easement. It is wise to give this permission in writing so it can be proven to a court.
Ultimately, most situations where adverse possession or prescriptive easements are at play are resolved by a court order or mutual agreement between the parties. But the methods mentioned above can be helpful in defending your rights. Remember, adverse possession and prescriptive easements both take 15 years to vest, so it is best to not delay action for too long.
The attorneys at Dalton & Tomich, PLC regularly represent clients in property disputes. We are experienced in claims for adverse possession and prescriptive easements. If you believe your rights are being violated, please do not hesitate to contact us. We would be happy to speak with you.
