What is the name of your state? PA
This case involves a property dispute between a friend and his neigbor. The offending neighbor cut downs some trees and did some other things that started off the whole proprety dispute but in a recent letter from the neighbor's lawyer to my friend, they disclosed that there is also a septic drain field that is on the friend's property. They are seeking an easement for this where none was in existance before.
My question is specific to this requested easement. If, due to other factors involved, my friend is not willing to grant this easement, could the neighbor aquire the land by adverse posession or get a prescriptive easement?
Based on my understanding of the law, neither should be granted because both require the use of the land to be open. My friend did not know about the septic drain field until just recently and an easement for this use does not appear on his deed.
Is this correct and what are the possible courses of action to remedy this situation. It may also be relavent that the size of the neighbor's property does not allow for the drain field to be relocated on his own property. There is no public sewer service available so the only alternative would probably be some sort of compact/self-contained treatment system.