[Two Kids' Dad]

In order for someone to prove he has a prescriptive easement, he must prove, by clear and convincing evidence, that:

1.He and his predecessors in interest used the alleged easement area in a manner which was adverse and hostile to the owner of the property;

2.The use which he made of the alleged easement area was continuous and uninterrupted for more than five years; and

3.The owner of the property had actual notice of the adverse use, or the adverse use was so open, unequivocal, obvious, and notorious that the owner must have known about it.

[old-ager]

Wouldn’t the adverse use also have to be exclusive?

A judge is going to do what he/she feels like, in any case, whatever the law says!