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Originally Posted by citizensoldier
A prescriptive easement arises if someone uses part of your property with your permission. It can also occur when you use part of your neighbor's property without approval. A prescriptive easement involves only the loss of use of part of a property, for example a pathway or driveway.
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SEEMS TO CONFLICT DIRECTLY WITH WHAT YOU SAY BELOW
(being neighbors has nothing to do with it)
Quote:
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Originally Posted by citizensoldier
The legal test to acquire a prescriptive easement of another owner is that the use must be open, not secret, notorious, clearly observable, hostile, without the landowner's consent and continuous without interruption for the number of years required by state law.
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Which one is it. Here is a clue,,,,it is the no contract no permission
The one where you get there permission is an expressed easement of record.