How to establish access by permission only on land adjacent to a prescriptive easement?

UPDATED: Jan 2, 2012

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How to establish access by permission only on land adjacent to a prescriptive easement?

I recently purchased property that is traversed by an adjudicated irrigation ditch operated by an unincorporated ditch company. I acknowledge that there is a prescribed 15 foot easement on each side of the ditch. No water right was transferred to the property I purchased all the water went with adjacent parcels. At issue is that for decades access to upper ditch crosses my property away from the ditch to cross a wash bridge. I think this use is by my permission. Would they have an adverse possession case in light of the existing prescribed easement for reaching the same place?

Asked on January 2, 2012 under Real Estate Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good question. The first thing that you need to do to assist in answering your question is to carefully read the deed you received to the property that you just purchased and full all easements of record on your deed and title report. Read the easements of record carefully that burden your property.

If the easements do not relate to the access to the upper ditch that crosses your property but there has been use of your property by others while owned by previous owners of your property, the use was either by permission by your predecessors in interest or is a prescriptive easement by third parties.

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