Real Estate Law
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Hi and welcome to JA .Ray here to help you today.
What state is this in please?
Below is case law in SC that establishes what you have to prove to show you have a prescriptive easement.
"To establish a prescriptive easement, one must show: (1) continued use for 20 years, (2) the identity of the thing enjoyed, and (3) use which is adverse or under claim of right. Laychur, however, emphasized as to the first prerequisite not only that there must be a continued use for 20 years, there must be continued and uninterrupted use or enjoyment of the right for a period of 20 years." Pittman v. Lowther, 355 S.C. 536
You would need to file suit to claim the prescriptive easement once you have used it for 2o years, a suit to quiet title would be the remedy, the court awards you title to it.
Thanks again for your patience and the chance to help today.
Typo it is Lowther the part in the case.You have to have held this and made use of it for 20 years under the case law.Once you have done that you can file suit to quiet title here and claim title to it.Time would be on your side.