Proving a Prescriptive Easement

Does an easement exist?   A recent case discusses. An upland property owner claimed it had a prescriptive easement over downstream property owner to use a drainage pipe to drain surface water. “[A]n easement is a right to use another's land ‘for some particular purpose or purposes.' ”  The following elements must be proven to establish the existence of a prescriptive easement: (1) actual, continuous, and uninterrupted use by the claimant or any predecessor in title for the prescribed period of twenty years; (2) that during the whole prescribed period the use has been either with the actual knowledge of the owner or...

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