Acquiring the easement requires a showing, by clear and convincing evidence, that the use was hostile, open and notorious, and continuous and uninterrupted for the prescriptive period of ten years. Where an easement has been open, notorious, continuous, and undisputed, it is presumed that the use was hostile, and the burden shifts to the other side to show that the use was permissive.
Ciringione v. Ryan, NY Slip Op 03960 (2d Dep't June 6, 2018)
Here is the decision.
