Exclusive Use [Property] Law and Legal Definition
Exclusive use refers to the primary or dominant use of property, as opposed to incidental use. Exclusive use is an essential element for prescriptive easement. It is the right exercised by an adverse user independently of similar rights held by others. Exclusive right is something more than the degree of possession.
In Bauer v. Harris, 617 N.E.2d 923 (Ind. Ct. App. 1993), the court held that an exclusive use is an independent claim of right, a use which does not depend upon use by others; it does not mean a use which excludes others entirely.
