Lo Viento Blanco, LLC, an Arizona Limited Liability Company v. Woodbridge Condominium Association, Inc., a Colorado…

Summary

The court held that recognizing or acknowledging the landowner's title during the prescriptive period does not interrupt adverse use or defeat a prescriptive-easement claim. Unlike adverse possession, a prescriptive easement does not require a claim of exclusive ownership; the claimant need only show use that was unauthorized or nonpermissive and interfered with the owner's property interests. Because the claimant established the remaining elements and the landowner did not rebut the presumption of adverse use, the court affirmed.