Legal Question in Real Estate Law in Minnesota
prescriptive easement
i have a neighbor that uses a portion of my field to cut across to get to his land that is land locked i have given him permission to do so
would he be able to aquire the land he uses as a prescriptive easement
2 Answers from Attorneys
Re: prescriptive easement
An easement by prescription cannot be established by permission. In other words, if you permitted the use, then the answer is "no."
Re: prescriptive easement
As long as he is using the land with your permission, he is not accruing a prescriptive easement claim. HOWEVER, the problem is PROVING that this was done with permission, years later; when ownership may have even changed.
You should enter into a written easement or license agreement (depending on the circumstances) with him. A lawyer can prepare this for you. It is important that it be done properly so it can be recorded and so you know it will be effective years from now.
Please e-mail me directly at [email protected] if you have further questions.
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