564.1  Adverse possession--"use" as evidence.

In all actions hereafter brought, in which title to any easement in real estate shall be claimed by virtue of adverse possession thereof for the period of ten years, the use of the same shall not be admitted as evidence that the party claimed the easement as the party's right, but the fact of adverse possession shall be established by evidence distinct from and independent of its use, and that the party against whom the claim is made had express notice thereof; and these provisions shall apply to public as well as private claims.

Section History: Early form

  [C73, § 2031; C97, § 3004; C24, 27, 31, 35, 39, § 10175; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 564.1]


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