9.27 Prescriptive Easements Vs. Adverse Possession

LibraryReal Estate Practice Deskbook (2019 Ed.)

d. (§9.27) Prescriptive Easements vs. Adverse Possession

An easement by prescription is different from title obtained by adverse possession. An easement is a nonexclusive right to use acquired by the manner of use and "'entitles its owner to a limited use or enjoyment of the land of another.'" Blackburn v. Habitat Dev. Co., 57 S.W.3d 378, 385 (Mo. App. S.D. 2001) (quoting Smith v. Woodard, 15 S.W.3d 768, 772 (Mo. App. S.D. 2000)). Proof of adverse possession is not necessarily sufficient evidence to permit...

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