In order to acquire the easement, it must be shown that its use was hostile, open and notorious, and continuous and uninterrupted for the prescriptive period of 10 years. Where there is clear and convincing evidence that use of the easement was open, notorious, continuous, and undisputed, it is presumed that the use was hostile. The burden then shifts to the opponent of the allegedly prescriptive easement to show that the use was permissive. Permission may be inferred where the relationship between the dominant and servient estates evinced neighborly cooperation and accommodation.
Aboulissan v. Kingsland 79, LLC, NY Slip Op 07426 (2d Dep't December 28, 2022)
