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Home / Opinions / Courts / Court of Appeals, Southern District / Real Property: Use Of Lake – Prescriptive Easement – Adverse Possession

Real Property: Use Of Lake – Prescriptive Easement – Adverse Possession

Where landowners sought a declaratory judgment that a lake located mostly on their property was a private, non-navigable waterway and their neighbor-defendants sought to establish an easement by prescription for use of the lake, the defendants' use of the lake was not continually adverse since they were given permission for use, and the trial court ...