10. A prescriptive easement could also be an option
This type of easement comes into play when the landlocked owner gets an easement through adverse possession by noting that he/she has used the easement for a certain period of time. But what it really means? Here’s what a lawyer will most likely tell you:
- Your use of the accessway must have been obvious to the adjacent owner.
- The accessway must have been used by the previous property owner or you for 10 years (the length of time varies state by state).
- The landlocked owner (you) must prove and write that they didn’t have the permission of the adjacent owner to use the existing accessway.
If you prove all of the above, you may be able to get a legal prescriptive easement.
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