Breeding v. Koste

To establish a prescriptive easement, 1 a claimant must show adverse, exclusive, and uninterrupted use of another’s real property for twenty years. See Banks v. Pusey, 393 Md. 688, 699, 904 A.2d 448, 454 (2006). Where an easement is claimed on land that is unimproved or otherwise in a general state of nature, there is a legal presumption that the claimant’s use is by the owner’s permission. See Clickner v. Magothy River Ass’n Inc., 424 Md. 253, 281, 35 A.3d 464, 482 (2012). This presumption, first referenced by this Court in 1865, has been termed the “woodlands exception,” and, to date, has…