Bill Sharp has a cabin located on the border of the national forest. He also owns the lot behind his cabin which is located on a cul-de-sac in his rustic subdivision. Over the years, other landowners in the area as well as members of the public have

Question

parked in the cul-de-sac and then hiked into the national forest through Bill's lot behind his cabin. Bill has owned the cabin for 22 years. He has posted "No trespassing" signs at three locations on his lot, but the hikers have ignored them. Bill is at his cabin during the summer months and on an occasional weekend and holiday during the year. Have Bill's rights been affected by the hikers' use of his lot?

Answer 1

?Whether the hikers have acquired an easement by prescription is controlled by the requirements for a prescriptive acquisition:
1. Hostile - they were using the land without permission.

2. Exclusive - the problem here is that no one person is able to claim the right, despite the 22 years because different people have used the lot and they cannot claim ownership through group use.

3. Notice - the nature of the property could be the basis of an argument that Bill was not there enough to be on notice, but courts generally hold owners accountable for what they should have known had they been on the property.