Sources
Citation manifest
15 statute citations
Statutes (primary sources)
Each links to its primary-source page and carries the state's last-verified date.
| State | Citation | Verified |
|---|---|---|
| California | Cal. Code Civ. Proc. §325 (opens in a new tab) California's five-year adverse-use period (read with §321) is the basis for prescriptive easements — among the shortest in the country. | June 16, 2026 |
| Texas | Tex. Civ. Prac. & Rem. Code §16.026 (opens in a new tab) Texas's ten-year adverse-possession limitations period supplies the period for prescriptive easements. | June 16, 2026 |
| Florida | Florida prescriptive easement — common law (no controlling statute) (opens in a new tab) Florida's twenty-year prescriptive-easement period is established by case law, not by a numbered statute. Cite Florida case law for the period. | June 16, 2026 |
| Florida | Fla. Stat. §704.01 (opens in a new tab) Subsection (1) declares and codifies the common-law way of necessity; subsection (2) creates a statutory way of necessity for landlocked parcels — a distinct route to access. | June 16, 2026 |
| New York | N.Y. C.P.L.R. §212(a) (opens in a new tab) New York's ten-year period to recover real property (read with RPAPL Article 5) supplies the prescriptive-easement period. | June 16, 2026 |
| Pennsylvania | 42 Pa.C.S. §5530 (opens in a new tab) Pennsylvania's twenty-one-year limitation supplies the prescriptive-easement period; §5527.1 (2019) provides a ten-year period for certain small residential parcels. | June 16, 2026 |
| Pennsylvania | Private Road Act, 36 P.S. §2731 et seq. (opens in a new tab) A landlocked owner may petition for a private road; the court appoints a board of view to lay out a route. | June 16, 2026 |
| Illinois | 735 ILCS 5/13-101 (opens in a new tab) Illinois's twenty-year limitation to recover land supplies the prescriptive-easement period. 735 ILCS 5/13-122 lets owners post permission signs to defeat prescription. | June 16, 2026 |
| Ohio | Ohio Rev. Code §2305.04 (opens in a new tab) Ohio's twenty-one-year period to recover real property supplies the prescriptive-easement period. | June 16, 2026 |
| Georgia | O.C.G.A. §44-9-1 (opens in a new tab) Georgia's private-way prescriptive easement on improved land ripens in seven years — shorter than the twenty-year general prescription period (§44-5-163). | June 16, 2026 |
| Georgia | O.C.G.A. §44-9-40 (opens in a new tab) A landlocked owner may petition the superior court to condemn a private way of necessity, generally up to twenty feet wide. | June 16, 2026 |
| North Carolina | N.C. Gen. Stat. §1-40 (opens in a new tab) North Carolina's twenty-year adverse-possession period also supplies the prescriptive-easement period. | June 16, 2026 |
| North Carolina | N.C. Gen. Stat. §136-69 (cartway) (opens in a new tab) A landlocked owner may bring a statutory cartway proceeding to condemn an access route — distinct from the common-law easement by necessity. | June 16, 2026 |
| Michigan | Mich. Comp. Laws §600.5801(4) (opens in a new tab) Michigan's fifteen-year catch-all limitation underlies adverse possession and prescriptive easements. | June 16, 2026 |
| Michigan | Private Road Act of 1909, MCL §229.1 et seq. (opens in a new tab) A landlocked owner may use the township private-road procedure to establish access. | June 16, 2026 |
1 verified case
Verified case-law
Real case citations confirmed against a primary source. Doctrine-by-doctrine case-law for every Wave-1 state is being verified against primary sources; unverified slots are shown as 'pending' on the relevant pages, never invented.
Othen v. Rosier
226 S.W.2d 622 (Tex. 1950)
The Texas Supreme Court set out the elements for an easement by necessity (and addressed prescriptive use): the claimant must show unity of ownership of the alleged dominant and servient estates, that the roadway is a necessity (not a mere convenience), and that the necessity existed at the time the two estates were severed. A widely-cited teaching case for both necessity and prescription analysis.
Texas · primary source ↗
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