Rules and Guidelines for Prescriptive Right of Way

Summary:

This report addresses a persistent challenge facing Minnesota's local agency engineers: a lack of clear, practical guidance on the establishment, documentation, and communication of prescriptive and statutory right-of-way. Unlike formally platted roads or those acquired through eminent domain, roads established through prolonged public use or informal dedication methods often lack comprehensive documentation, creating confusion for public agencies, landowners, and legal professionals. This research synthesized Minnesota statutes, case law, and real-world practices. Central to the project was the distinction between prescriptive easements, easements acquired through 15 years of continuous, open, and unauthorized use, and statutory user roads—easements established under Minn. Stat. § 160.05 after six years of public use and maintenance.

Final Deliverables:

• Rules and Guidelines for Prescriptive Right of Way (Report #2025RIC07)
• Prescriptive Right of Way FAQ (Fact Sheet #2025RIC07FAQ)

Related Materials:

Related Research:

• Right-of-Way (ROW) Acquisition Issues