6.11 Unfenced and Unoccupied Land
| Library | Real Estate Practice Deskbook (2019 Ed.) |
D. (§6.11) Unfenced and Unoccupied Land
Authority supports the proposition that an easement by prescription cannot be acquired over unfenced, uninhabited, and unoccupied lands that are parts of vast areas of undeveloped and unimproved territory. In these instances, these uses are rarely, if ever, brought to the actual notice of the owner of the land. Because of the nature of the land, no presumption of notice of use should arise from it. If there is actual notice of use, however, and no objection is made...
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