Comprehensive collection of cases addressing prescriptive easements and rights acquired through continuous use over time. These cases establish key principles for determining when prescriptive rights arise and how they're proven.
Significant ruling establishing modern standards for proving continuous use in prescriptive easement claims, particularly addressing digital evidence of historical use patterns.
Established the "clear and convincing" standard for proving hostile use in prescriptive rights claims.
Defined requirements for tacking periods of use between successive property owners.
Clarified distinctions between permissive use and prescriptive rights.
Addresses prescriptive rights claims in the context of shared recreational facilities within planned communities.
Important case examining public prescriptive rights claims over private waterfront property.
Maintain detailed records of historical use, including photographs, affidavits, and survey documents.
Gather testimony from long-term residents and historical aerial photography.
Pay careful attention to statutory periods and any interruptions in use.