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(1) A prescriptive easement may be established if:
(a) a property owner uses an historical livestock trail that crosses another person's property for a period of 20 years; and
(b) the use of the other owner's property as an historical livestock trail for the 20-year period described in Subsection (1)(a) is:
(i) continuous;
(ii) open and notorious; and
(iii) adverse.
(2) If a property owner establishes that a use is continuous and open and notorious under Subsections (1)(b)(i) and (ii), there is a rebuttable presumption that the use is adverse.
(3) Notwithstanding Subsections (1) and (2), a prescriptive easement under this chapter may only be established on private lands.