Accepted Answer

The legal term you are referring to is a Prescriptive Easement and you are partly correct in your understanding.

Basically, a prescriptive easement is granted when an individual has openly used a certain section of a neighbors land for a certain period of time. This length is usually between 10 and 20 years but it will vary by county/municipality so you'd need to contact your local county clerk for the exact period that applies to you.

I actually just found the Wisconsin law. It is 20 years in Wisconsin as found in this section of code:

"An easement by prescription requires the following elements: (1)adverse use that is hostile and inconsistent with the exercise of the titleholder's possessive rights; (2) which is visible, open, and notorious; (3) and is continuous and uninterrupted for twenty years." Mushel v. Town of Molitor, 123 Wis.2d 136, 144, 365 N.W.2d 622, 626 (Ct. App. 1985).

(1) Sounds harsh but it just means that the use is obviously not a use normally allowed on another's property (I.E. Invited Visits, Etc.).

(2) It must be open and easily recognized that the land is being used.

(3) Must happen for at least 20 years.

The easement, however, does not actually grant ownership of that property to the neighbor. So, that land does not become part of their property. If the easement is granted it will only allow their use of that section of property for the same reasons they have been using it openly for during the past X number of years.

The land will still be yours. The neighbor will simply be legally allowed to continue using that land in the same manor even though they do not own it.

Does that make sense? If you have any further questions please ask.

Edited by Matt Kesler on 7/20/2007 at 11:44 AM

Expert:	Matt Kesler
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Answered:	7/20/2007

Researcher/Law Student

A year away from my J.D. and I've handled my own legal issues involving the business I own for years