Most of you have heard of a prescriptive easement. These facts don't make sense unless you know the elements of a prescriptive easement. The general rule is if one has a recorded easement to use another's land, you can't acquire a prescriptive easement because you already have the right to use the easement. RULINGMcBride asked the court to award her a prescriptive easement for daily access arguing her "open, notorious, continuous and adverse" daily use for over five years met the criteria. The Court of Appeal reversed, ruling that a party may expand a recorded easement by using the legal doctrine of a prescriptive easement.

Source: Daily Sun February 03, 2018 17:37 UTC