Like most areas, a prescriptive easement on someone else’s property without their consent should occur for around 20 years. In Colorado, It’s 18 years. It must be a consistent use.
- Prescriptive easements are typically not recorded with the title.
- Prescriptive easements can change over the years due to erosion or wear and tear.
- It is interesting to note that when you sell your home, you must have the prescriptive easement listed on the title.
- It is difficult to obtain a prescriptive easement because you have to have a consistent use of the land or show that you cross a certain area of the property for at least 18 years without permission.
- The easement must be open and notorious, which basically means the person using the land, must not hide the fact that he or she is using it.
- The person using the land must do so without permission.
- Continuous and uninterrupted for a period of time.
So there you have it, the three elements of a prescriptive easement.
1) Open and notorious
2) Adverse and under claim of right
3) Continuous and uninterrupted
Prescriptive easements are difficult to sort out. It involves lawyers, lots of time and convincing evidence and information before a judge.