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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118811
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I own two separate, adjacent parcels. I have the septic for

Customer Question

I own two separate, adjacent parcels. I have the septic for property "A" extended onto property "B". It has been this way for over 5 years. Is this considered a prescriptive easement? I am selling both parcels to separate parties
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Montana
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Expert:  Law Educator, Esq. replied 1 month ago.

Actually, it is not a prescriptive easement, since there was no "hostile possession or use of the land" your use of the land for the septic system is thus not prescriptive or adverse. However, you do have what is deemed a utility easement as one where utilities need to be delivered from the servient estate (Land where the septic system is located) to the dominant estate (land where use of septic system occurs)

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