Prescriptive Easements
When the Hulse and Neilson families developed the Silver Fork Community in the 1930's, they first dug ditches to supply water to the community. In 1950, they placed pipes into the ditches and the Silver Fork Pipeline Corporation was born.
All of the lots in Silver Fork are subject to the existing ditches and pipelines. Such an agreement is called a "prescriptive easement" and does not need to be recorded. This legal agreement comes about when an area is occupied for a period of 21 years unchallenged, and thus, has the full force and effect as if the property owner granted written permission as an easement. It cannot be withdrawn by a subsequent property owner if there is a dispute with the water company, without consent of the Silver Fork Pipeline Corporation.
With this agreement comes the duty of the holder (Silver Fork Pipeline Corporation) to protect the property it occupies from damaging the property of the owner of record (flooding, pipe bursts, etc.).
It also allows Silver Fork Pipeline Corporation to occupy and maintain (improve) its pipeline, subject to a duty to restore the property it may disturb when replacing a line.
