prescriptive easement

prescriptive easement
prescriptive easement see easement

Merriam-Webster’s Dictionary of Law. . 1996.

prescriptive easement
A right to use property, acquired by open and obvious use, without the owner's permission, over a minimum period of time established by state law. For example, if hikers have been using a trail through your backyard for ten years and you've never complained, they probably have an easement by prescription through your yard to the trail.
Category: Real Estate & Rental Property → Homeowners
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

prescriptive easement
n.
   an easement upon another's real property acquired by continued use without permission of the owner for a period provided by state law to establish the easement. The problems with prescriptive easements are that they do not show up on title reports, and the exact location and/or use of the easement is not always clear and occasionally moves by practice or erosion.
   See also: easement, prescription

Law dictionary. . 2013.

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Look at other dictionaries:

  • prescriptive easement — A right to use another s property which is not inconsistent with the owner s rights and which is acquired by a use, open and notorious, adverse and continuous for the statutory period (e.g. twenty years). To a certain extent, it resembles title… …   Black's law dictionary

  • easement — ease·ment / ēz mənt/ n [Anglo French esement, literally, benefit, convenience, from Old French aisement, from aisier to ease, assist]: an interest in land owned by another that entitles its holder to a specific limited use or enjoyment (as the… …   Law dictionary

  • easement by prescription — see easement Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. easement by prescription …   Law dictionary

  • Easement — For spiral easements on railroads, see Track transition curve. Property law …   Wikipedia

  • easement — A right of use over the property of another. Traditionally the permitted kinds of uses were limited, the most important being rights of way and rights concerning flowing waters. The easement was normally for the benefit of adjoining lands, no… …   Black's law dictionary

  • easement — A right of use over the property of another. Traditionally the permitted kinds of uses were limited, the most important being rights of way and rights concerning flowing waters. The easement was normally for the benefit of adjoining lands, no… …   Black's law dictionary

  • easement appendant — Same as easement appurtenant. See affirmative easement; apparent easement; continuous easement; discontinuous easement; dominant tenement; license; lost grant; necessary easement; negative easement; praedial servitude; …   Ballentine's law dictionary

  • easement by prescription — See prescriptive easement …   Ballentine's law dictionary

  • easement, prescriptive — n. An easement that arises in a manner similar to adverse possession by long use of the servient estate. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

  • prescriptive period — The period of time necessary to acquire an easement by prescription. 25 Am J2d Ease § 50 …   Ballentine's law dictionary

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