[WSBARP] easement
Scott Thomas
scott.glen.thomas at gmail.com
Tue Aug 29 20:33:15 PDT 2017
In defending against a claim of a prescriptive easement, I have come across
an issue I had not considered before. Seems that claimant is basing her
claim on the use of the claimed easement by claimant's family members - in
particular, the claimant's adult children, grandchildren, and the
grandchildren's spouses. This is not a situation of tacking, but rather
use of a claimed easement imputed to the claimant. None of the individual
claimant's have used the claimed easement often enough to satisfy the
requirement of continuity; one grandchild uses the claimed easement one
year, and another grandchild uses the claimed easement another year, and so
on. To me, the problem is that elements of a prescriptive easement require
that a particular person make use of an owner's land for the necessary
period, or that the successive use by two or more persons who have a
particular relationship (typically, successors in interest) be tacked
together to meet the relevant statute of limitations. And so a group of
people with a tenuous connection would not meet that test. Then I
remember, it is possible for the public to establish a public ROW by
prescription. So I remain confused. Any thoughts?
Scott Thomas
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