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pre·scrip·tion /pri-'skrip-shən/ n [partly from Middle French prescription establishment of a claim, from Late Latin praescription- praescriptio, from Latin, act of writing at the beginning, order, from praescribere to write at the beginning, dictate, order; partly from Latin praescription- praescriptio order]1: acquisition of an interest (as an easement) in real property that is usu. less than a fee by long-term, continuous, open, and hostile use and possession as determined by the law of a jurisdictiongained title by prescription see also easement by prescription at easement compare adverse possession at possession2 in the civil law of Louisianaa: the running of a period of time set by law after which a right is unenforceable in Louisiana courts but may be enforced in another state foruman interruption of prescriptionby the prescription of ten years; also: the bar to an action that results from prescription see also peremptory exception compare peremptionb: the creation of a right by the running of a period of time set by law; esp: acquisitive prescription in this entrypredial servitudes on property of the state may not be acquired by prescription — Louisiana Civil Codeac·quis·i·tive prescription /ə-'kwi-zə-tiv-/: acquisition of ownership or other real rights in movables or immovables by continuous, uninterrupted, peaceable, public, and unequivocal possession for a period of time (as 10 years) set by law; also: such possession that creates real rightsacquisitive prescription is interrupted when the possessor acknowledges the right of the owner — Louisiana Civil Code◇ The Louisiana Civil Code has set various periods of time for acquisitive prescription of movables and immovables. With the shorter periods (as 10 years for immovables or 3 years for movables) the Code also requires that the possessor possess in good faith and under just title. Acquisitive prescription does not run in favor of a person having precarious possession, because he or she possess the property on behalf of or with permission of the owner, until the possessor begins to possess the property on his or her own behalf (as after a lease terminates).liberative prescription: a period of time set by law (as one year) after which legal action is barred if no steps have been taken to enforce or litigate the rightdelictual actions are subject to a liberative prescription of one year — Louisiana Civil Code◇ Liberative prescription is similar to the common-law statute of limitations.prescription of nonuse: the extinguishment or termination of a real right other than ownership as a result of the failure to exercise the right for a period of time (as 10 years) set by law; also: the period of time3: something prescribed as a rulecreated a legal prescription against such acts
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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I
(claim of title) noun
authority, claim, inalienable right, interest, license, prerogative, right, vested interest, vested right
associated concepts: adverse possession, easement by prescription, right by prescription, title by prescription
foreign phrases:
- Praescriptio et executio non pertinent ad valorem contractus, set ad tempus et modum actionis instituendae. — Prescription and execution do not affect the validity of the contract, but the time and manner of instituting an action.- Usucapio constituta est ut aliquls littum finis esset. — Prescription was established so that there be an end to lawsuits- Nihil praescribttur nisi quod possldetur. — There is no prescription for that which is not possessed- Interruptio multiplex non to it praescrlptionem semel obtentam. — Frequent interruptions do not defeat a prescription once obtained.- Praescriptio estittulus ex usu et tempore substantiam caplens ab auctoritate legis. — Prescription is a title by authority of law, deriving its force from use and time.II (custom) noun convention, conventional usage, fashion, habit, institution, observance, practice, precedent, tradition, usage, use III (directive) noun act, authority, axiom, canon, charge, command, decree, dictate, direction, doctrine, edict, enactment, formula, formulary, injunction, instruction, law, maxim, measure, order, ordinance, precept, prescript, principle, proposal, regulation, rubric, rule, ruling, statute, theorem IV index assignment (designation), brevet, bylaw, canon, citation (charge), cloud (incumbrance), code, codification, condition (contingent provision), constitution, dictate, direction (order), directive, drug, fiat, guidance, law, mandate, measure, order (judicial directive), practice (custom), recommendation, regulation (rule), requirement, rubric (authoritative rule), rule (legal dictate), title (right), usage
Burton's Legal Thesaurus. William C. Burton. 2006
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n.(1) A recommendation or order given by some authority, such as a doctor’s prescription.(2) The acquisition of an easement through continuous use of some property; such an easement is called a prescriptive easement.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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the process of acquiring rights, immunities or obligations as a result of the passage of time. Prescription is founded on the idea that a person who has enjoyed quiet and uninterrupted possession of something for a long period of years is supposed to have a just right, without which he would not have been allowed to continue in enjoyment of it. In particular, easements and profits may be acquired by prescription if enjoyed without interruption for the appropriate length of time (usually 20 years in the case of easements and 30 years in the case of profits). Prescription may be:(1) under the common law rules,(2) under the doctrine of lost modern grant, or(3) under the provisions of the Prescription Act 1832.In Scotland the word is used in a similar way in relation to the acquisitions of rights: see the Prescription and Limitation (Scotland) Act 1973 (as amended). The positive prescription in Scotland is ten years. It allows a person who has possessed land openly, peaceably and without interruption on the strength of an ex facie valid recorded title covering the land in question, to obtain a good title to it. In cases of the acquisition of servitude rights or rights in the foreshore or salmon fishings, the positive prescription is 20 years. In Scotland the word prescription is used in a negative sense of shutting off stale claims in a way very similar to that sense denoted by the word limitation in England. Limitation was not a native Scottish concept. Thus, there is a five-year short-negative prescription that cuts off very many claims – the most significant being mostly claims for damages or payment with the exception of claims for personal injuries, which are dealt with by way of limitation. The main difference between prescription and limitation is that limitation must be pled whereas prescription operates by law and can be noticed by the court. There is in addition a long-negative prescription of 20 years, which shuts off claims not already closed by the limitation period or the short negative prescription or a category of obligation known as imprescriptible, the most significant of which are obligations under solemn deeds and the obligations of a trustee in respect of trust property. See latent damage, limitation, product liability.
Collins dictionary of law. W. J. Stewart. 2001.
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The method of acquiring an interest in real property by continuous and open use, in opposition to the rights of the owner. (See also: adverse possession, easement by prescription)Category: Real Estate & Rental Property
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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A method of establishing a right, based upon the continued enjoyment of the right claimed for a prescribed period of time. In most cases, some proof of the right's use is required in order to raise the presumption that it exists, but with a negative easement the right may be established through evidence of passive enjoyment of the right claimed.
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
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n. The role that the passage of time plays in the making and ending of certain rights. A way to acquire an easement on or in real property belonging to another by occupying it continuously for a prescribed period of time.See also adverse possession
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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A method of acquiring a nonpossessory interest in land through the long, continuous use of the land.
Dictionary from West's Encyclopedia of American Law. 2005.
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A method of acquiring a nonpossessory interest in land through the long, continuous use of the land.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.the method of acquiring an easement upon another's real property by continued and regular use without permission of the property owner for a period of years required by the law of the state (commonly five years or more). Examples: Phillip Packer drives across the corner of Ralph Roundup's ranch to reach Packer's barn regularly for a period of ten years; for a decade Ronald Retailer uses the alley behind Marjorie Howard's house to reach his storeroom. In each case the result is a "prescriptive easement" for that specific use. It effectively gives the user an easement for use but not ownership of the property.See also: prescriptive easement
Law dictionary. EdwART. 2013.
