--- title: "Prescriptive Easements: Taking Another's Land via Continuous Use" description: Most people have heard of an easement and the phrase 'adverse possession.' Both pertain to property rights and the right of one person to use or take another person's land. --- [Dan's Desk](https://www.gallatin-law.com/blog/author/dan-gallatin) - [lawyer](https://www.gallatin-law.com/blog/tag/lawyer) - [hugo](https://www.gallatin-law.com/blog/tag/hugo) - [MN](https://www.gallatin-law.com/blog/tag/mn) - [law](https://www.gallatin-law.com/blog/tag/law) - [attorney](https://www.gallatin-law.com/blog/tag/attorney) - [legal](https://www.gallatin-law.com/blog/tag/legal) [Subscribe](https://www.gallatin-law.com/blog/prescriptive-easements-taking-anothers-land-via-continuous-use#) 01/18/2017 # Prescriptive Easements: Taking Another's Land via Continuous Use - - - - - [mailto:?subject=Prescriptive%20Easements%3A%20Taking%20Another%27s%20Land%20via%20Continuous%20Use&body=https%3A%2F%2Fwww.gallatin-law.com%2Fblog%2Fprescriptive-easements-taking-anothers-land-via-continuous-use](mailto:?subject=Prescriptive%20Easements%3A%20Taking%20Another%27s%20Land%20via%20Continuous%20Use&body=https%3A%2F%2Fwww.gallatin-law.com%2Fblog%2Fprescriptive-easements-taking-anothers-land-via-continuous-use) Most people have heard of an easement and the phrase "adverse possession." Both pertain to property rights and the right of one person to use or take another person's land. A lesser known legal action in line with the concepts of an easement and adverse possession is the *prescriptive easement*. A prescriptive easement is based on prior continuous use and grants a right to use the property of another.[”Rogers v. Moore](http://caselaw.findlaw.com/mn-supreme-court/1231955.html), 603 N.W.2d 650, 656 (Minn. 1999). The purpose of prescriptive easements is “to encourage the prompt resolution of disputes before evidence is destroyed or relevant events pass out of memory and thereby stabilize long-continued property uses.” Id. ![Fullscreen capture 2102016 102751 AM.bmp](http://96bda424cfcc34d9dd1a-0a7f10f87519dba22d2dbc6233a731e5.r41.cf2.rackcdn.com/gallatinlaw/Fullscreen_capture_2102016_102751_AM_bmp.jpg)If a prescriptive easement is established and awarded, the rights, terms, and obligations of the easement pass to subsequent property owners. Like adverse possession claims, the time and use of prior owners can be used to prove the required elements of a prescriptive easement cause of action. Land use and boundary line disputes are fact intensive and require significant, careful development and presentation of the case. If you have any questions on these concepts or your potential claims, feel free to call me to discuss your case. The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site. - [adverse possession](https://www.gallatin-law.com/blog/tag/adverse-possession), - [easement](https://www.gallatin-law.com/blog/tag/easement), - [attorney](https://www.gallatin-law.com/blog/tag/attorney), - [hugo](https://www.gallatin-law.com/blog/tag/hugo), - [law](https://www.gallatin-law.com/blog/tag/law), - [lawyer](https://www.gallatin-law.com/blog/tag/lawyer), - [legal](https://www.gallatin-law.com/blog/tag/legal), - [minnesota](https://www.gallatin-law.com/blog/tag/minnesota), - [MN](https://www.gallatin-law.com/blog/tag/mn), - [prescriptive easement](https://www.gallatin-law.com/blog/tag/prescriptive-easement), - [property rights](https://www.gallatin-law.com/blog/tag/property-rights) ![Dan Gallatin](https://www.gallatin-law.com/hubfs/assets-mjfw/site%20images/Dans-Desk.jpg) ## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin) Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo. ### CONNECT WITH ME - ## Related Posts [06/27/2018 Free Money! Seriously Quite often I direct people to public resources or provide information that permits the person to get more educated on the topic at hand. Read Post ](https://www.gallatin-law.com/blog/free-money-seriously) [07/19/2017 A Trustee's Standard of Care A trustee is a person who oversees and manages a trust. 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