Indiana Easement By Prescription
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How to fill out Indiana Sewer Easement For Placement Of Line?
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FAQ
Prescriptive easements are the property equivalent of 'adverse possession', accruing over a prolonged use of land by someone other than the owner. The court assessed the case on both the doctrine of 'lost modern grant', and RPLA s. 31 ['Right of way easement, etc.
Thus, a party claiming the existence of a prescriptive easement must show evidence of (1) control; (2) intent; (3) notice; and (4) duration before a prescriptive easement is deemed existing.
Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of easement holder's rights are controlled by the governing terms of the instrument.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
A person must occupy a property for at least ten years in Indiana to make an adverse possession claim. During this period, the person must also prove additional continuous actions that meet the other conditions necessary for an adverse possession claim. Exclusive and continuous possession is necessary to show control.