1. (1) A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.

2. (2) A prescriptive easement cannot be acquired through:

   1. (a) recreational use of surface waters, including:

      1. (i) the streambeds underlying them;
      2. (ii) the banks up to the ordinary high-water mark; or
      3. (iii) any portage over and around barriers; or
   2. (b) the entering or crossing of private property to reach surface waters.

History: En. Sec. 5, Ch. 556, L. 1985.