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Prescriptive Easements and Adverse Possession

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asolich

Junior Member
In reference to Nevada. My neighborhood is occupied by 15 homesteads that were built in the 40s and 50s. A local city power line easment funs through those properties, but has not been used for power, and not existing power lines, for over 10 years. The homeowners of the adjacent easement properties have been using and treating the easements as their own for 45+ years. All appear to meet the hostile, actual, open and notorious, and exclusive and continuous use requirement for adverse possession, and for prescriptive easements, we have not paid taxes on such property. Several questions: 1) does prescriptive easement/adverse possession apply to public land (i.e. public land in our residential neighborhood) 2) and is it my understanding that if the City knows we are using the property, it is public knowledge, has not attempted to stop us from using it, made no effort to deed, lease, rent, etc., are we within rights to pursue an attorney and seek deeds to the properties?
 


HomeGuru

Senior Member
asolich said:
In reference to Nevada. My neighborhood is occupied by 15 homesteads that were built in the 40s and 50s. A local city power line easment funs through those properties, but has not been used for power, and not existing power lines, for over 10 years. The homeowners of the adjacent easement properties have been using and treating the easements as their own for 45+ years. All appear to meet the hostile, actual, open and notorious, and exclusive and continuous use requirement for adverse possession, and for prescriptive easements, we have not paid taxes on such property. Several questions: 1) does prescriptive easement/adverse possession apply to public land (i.e. public land in our residential neighborhood)

**A: no

*******
2) and is it my understanding that if the City knows we are using the property, it is public knowledge, has not attempted to stop us from using it, made no effort to deed, lease, rent, etc., are we within rights to pursue an attorney and seek deeds to the properties?

**A: you have no claim whatsoever.
 

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