Continuous use and prescriptive rights

[steffan]

This case just came out. It is important to note that the case is only partially published, and it is only published in regards to the court's discussion on what constitutes a public forum.

Nevertheless, even though the court's discussion on prescriptive right is not citable, I found it a worthy read in regards to continuous use and prescriptive rights, in particular the discussion on the difference between frequency of need versus frequency of use. I took from it guidance to me as part of my documenting conversations with all parties on the when, why and how for any usage or occupation issues.