UT · jury_instructions
MUJI 2d CV923
Prescriptive Easement. "Continuous" Defined.
[Plaintiff's] use of [Defendant's] property was continuous if [Plaintiff] used [Defendant's] property as often as required by the nature of the use and [Plaintiff's] needs, for an uninterrupted period of at least twenty years.
A prescriptive use is not continuous where, sometime during the twenty-year period:
(1) [Plaintiff] stops using [Defendant's] property;
(2) [Defendant] [or a previous owner of [Defendant's] property] prevents [Plaintiff] from using the property; or
(3) [Plaintiff] accepts permission from [Defendant] [or a previous owner of [Defendant's] property] to continue using the property.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
06eaeb30958f1d73fec67567f9e83bfa0dc021b90fd091587370c462a0453752
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