Adverse Possession Indiana Withdrawal
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FAQ
A prescriptive easement is a right of way over land claimed by way of adverse possession without title. A person or in this case a utility does not need to produce any legal documentation of their right to use the property.
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.
Continuous Use ? The adverse possessor must be in possession of the property for a continuous period. Typically, this means an uninterrupted period of at least ten years.
However, just open yard does not give the neighbor ownership through adverse possession of the property. To the contrary, they would have to have fenced the area in or done something more to the land. With the facts you have presented - the neighbor does not have a claim for adverse possession.
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.