‘An easement by prescription can be acquired only by an adverse user for ten years. Such use must be open, notorious, exclusive and adverse.’ Stubblefield v. Osborn, 149 Neb. 566, 31 N.W.2d 547 (1948) (quoting Onstott v. Airdale Ranch & Cattle Co., 129 Neb. 54, 260 N.W. 556, 558 (1966)). See also Omaha & R. V. Ry. Co. v. Rickards, 38 Neb. 847, 57 N.W. 739 (1894).
The use and enjoyment which will give title by prescription to an easement or other incorporeal right is substantially the same in quality and characteristics as the adverse possession which will give title to real estate. It must be adverse, under a claim of right, continuous and uninterrupted, open and notorious, exclusive, with the knowledge and acquiescence of the owner of the servient tenement, and must continue for the full prescriptive period. Stubblefield v. Osborn, 149 Neb. 566, 31 N.W.2d 547 (1948). See also 28 C. J. S., Easements, § 10.
‘A prescriptive right is not looked on with favor by the law, and it is essential that all of the elements of use and enjoyment, stated above, concur in order to create an easement by prescription.’ Stubblefield v. Osborn, 149 Neb. 566, 31 N.W.2d 547 (1948); (quoting 28 C. J. S., Easements, § 10).
‘A permissive use of the land of another, that is a use or license exercised in subordination to the other’s claim and ownership, is not adverse and cannot give an easement by prescription no matter how long it may be continued, * * *.’ Stubblefield v. Osborn, 149 Neb. 566, 31 N.W.2d 547 (1948) (quoting 28 C. J. S., Easements, § 14).
To establish a prescriptive right to an easement, it must have been exercised under a claim of right. A use by express or implied permission or license cannot ripen into an easement by prescription. Stubblefield v. Osborn, 149 Neb. 566, 31 N.W.2d 547 (1948). See Sachs v. Toquet, 121 Conn. 60, 183 A. 22 (1936).
“A permissive use of the land of another is not adverse and cannot give an easement by prescription no matter how long it may be continued.” Fiese v. Sitorius, 247 Neb. 227, 526 N.W.2d 86 (1995); Chalen v. Cialino, 206 Neb. 106, 291 N.W.2d 256 (1980). The use and enjoyment which will create an easement by prescription must be: (1) adverse, (2) under a claim of right, (3) continuous and uninterrupted, (4) open and notorious, (5) exclusive, and (6) with the knowledge and acquiescence of the owner of the servient tenement for the full prescriptive period. Fiese v. Sitorius, 247 Neb. 227, 526 N.W.2d 86 (1995).
Mere nonuse of an easement for any period of time cannot by itself extinguish an easement acquired by deed. Mueller v. Bohannon, 256 Neb. 286, 589 N.W.2d 852 (1999). However, “[i]f the an owner of an easement, by his own act, renders the use of the easement impossible, or himself obstructs it in a manner inconsistent with its further enjoyment, the easement will be considered as abandoned by him.” Mueller v. Bohannon, 256 Neb. 286, 589 N.W.2d 852 (1999) quoting Toelle v. Pruess, 172 Neb. 239, 109 N.W.2d 293 (1961).