In Delaware, what must a claimant provide to gain a prescriptive easement?

To successfully gain a prescriptive easement in Delaware, a claimant must establish clear and convincing evidence of their usage of the property in accordance with the legal requirements. A prescriptive easement is established when a party uses another person's land in a manner that is continuous, open, notorious, hostile, and exclusive for a specified period, which in Delaware is typically 20 years.

The requirement for clear and convincing evidence serves to demonstrate the claimant's usage in a manner that shows a right has been established over time. This involves presenting facts that leave little room for doubt regarding the extent and nature of the use. The evidence must be compelling enough to satisfy a court that the easement rights have been acquired through long-standing use.

While proof of usage over a specific time frame, like 10 years, may be a component of establishing the easement, what is fundamentally required is the strength and clarity of the evidence itself. In the context of prescriptive easements, the emphasis is on convincing the court of the legitimacy and continuity of the claimant's use, hence the focus on clear and convincing evidence.

In contrast, demonstrating owner consent is not necessary for a prescriptive easement, as the nature of such an easement is that it arises without the