land claim on easement on another’s property

If an easement, owned by other owner, is encroached upon and
used for 30 years, Can there be a claim for that portion of
the easement. Other owner has not objected to the useage??

Asked on August 11, 2018 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

What you need to talk to an attorney about is a concept known as Adverse Possession as well as Presciptive Easement.  Adversse possession allows you to aquire ownership when certain criteria are met. The buzz words are "open and notorious" and adverse to the rights of another.  


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