Prescriptive Easements in Connecticut

03.21.2023

A prescriptive easement is a legal right to use another person's property for a specific purpose, such as accessing a driveway or crossing over a piece of land. In Connecticut, a prescriptive easement can be established through continuous and uninterrupted use of the property for a minimum of 15 years, without the owner's permission. 

To establish a prescriptive easement in Connecticut, several elements must be met. The use of the property must be open, notorious, continuous, and adverse for at least 15 years. Open and notorious means that the use of the property is visible and obvious to others, and the true owner should have been aware of the use. Continuous means that the use has been ongoing for the entire 15-year period without interruption or abandonment. Adverse means that the use was not with the permission or consent of the true owner.  The party claiming a prescriptive easement must prove the elements of the claim by a preponderance of the evidence.  

Once a prescriptive easement is established, it creates a legal right to use the property for a specific purpose. This means that the owner of the property cannot interfere with the use of the easement, even if they did not originally grant permission for the use.

If you are seeking to establish a prescriptive easement or defending against one, it is crucial to seek the advice of an experienced attorney. We can help you gather evidence, evaluate your case, negotiate with the opposing party, and represent your interests in court.  We have extensive experience representing clients in prescriptive easement cases throughout Connecticut.

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