Sec. 47-37. When acquired by adverse use.
Sec. 47-37. When acquired by adverse use. No person may acquire a right-of-way or any other easement from, in, upon or over the land of another, by the adverse
use or enjoyment thereof, unless the use has been continued uninterrupted for fifteen
years.
(1949 Rev., S. 7130; P.A. 79-602, S. 56.)
History: P.A. 79-602 substituted "may" for "shall" and "the" for "such" where appearing.
No user less than fifteen years can avail. 69 C. 263. Personal rights-of-way in this state may not be established by local
custom. 78 C. 133. Whether user is under license or under claim of right is a question of fact. Id., 156. City may acquire
right to maintain sewer; imputing knowledge of it to landowner. 81 C. 137. Use may originate in oral agreement or void
deed; effect of claimant becoming executor of owner of fee. 90 C. 241. See note to Sec. 52-575. Where an individual use
is in common with a public use, there must have been a use of the way by the individual distinctive from that of the general
public. 134 C. 576. Trial court erred in denying plaintiff injunctive relief. 136 C. 277. No right can be acquired unless use
defines its bounds with reasonable certainty. Id., 398. User by plaintiff's tenants inures to benefit of lessor. User by
defendants not inconsistent with plaintiff's right. 137 C. 586. Where use is permissive it cannot be under a claim of
right. 139 C. 352. To acquire a right-of-way by prescription, there must be a user which is open, visible, continuous and
uninterrupted for fifteen years and made under a claim of right. 142 C. 296. Cited. Id., 708. Essential elements of a right-of-way by prescription are a use which is (1) open and visible, (2) continuous and uninterrupted for fifteen years, (3)
engaged in under a claim of right. 143 C. 40. Where defendant had maintained mooring stakes for over thirty years along
river frontage of plaintiff's property and thereafter erected floating docks also along plaintiff's property, held defendant
had not sustained burden of proving continuity of user to acquire by prescription enough of plaintiff's littoral rights to
justify interference created by docks. 149 C. 560. Plaintiff acquired no prescriptive right where owner gave him permission
of use. 151 C. 458. In absence of finding when use began, no prescriptive rights can be acquired. Id. Riparian owner's
rights to natural flow of water of stream through his land infringed by New London's expansion of its water reservoir in
a drought held to entitle plaintiff to nominal damages and, unless city acquired water rights by eminent domain in a
reasonable time, to an injunction of further diversion by the city. 157 C. 9. Cited. 165 C. 457. Cited. 175 C. 535. Cited.
183 C. 289. Cited. 186 C. 229. Cited. 190 C. 163; Id., 184. Cited. 196 C. 614. Cited. 227 C. 495. Permanent injunction
precluded plaintiff's asserting valid claim of right to use private way over defendant's property. 244 C. 583. In order to
acquire a prescriptive easement, party may "tack on" the period of use or possession of someone who is in privity with the
party, a relationship that may be established by showing a transfer of possession rights. 276 C. 782.
Cited. 1 CA 341; Id., 373. Cited. 3 CA 639. Cited. 7 CA 252. Cited. 8 CA 203. Cited. 20 CA 298; Id., 380. Cited. 32
CA 746. Cited. 33 CA 799. Cited. 37 CA 822. Cited. 39 CA 143. Cited. 44 CA 683. Cited. 46 CA 164. Although plaintiff
did not have burden of proving absence of permission, plaintiff did have burden of proving that she and her predecessors
adversely used the driveway under a claim or right. 83 CA 826. Trial court finding that underground utility lines placed
outside the deeded utility easement were open and visible where plaintiffs had knowledge of parameters of easement and
sewer cleanouts were visible outside those parameters was not clearly erroneous. 92 CA 172.
Cited. 15 CS 467. Use for twenty-eight years in disregard of a no trespassing sign established a right-of-way. 19 CS
220. Requirements for prescriptive easement discussed. 45 CS 515.