Define: Easement By Prescription

Easement By Prescription
Easement By Prescription
Quick Summary of Easement By Prescription

An easement by prescription, also known as a prescriptive easement, is a legal right to use someone else’s property without possessing it, acquired through continuous and uninterrupted use of the property over a specified period of time. To establish an easement by prescription, the claimant must demonstrate certain elements, including open, notorious, continuous, and adverse use of the property for a statutory period, which varies by jurisdiction.

The use of the property must be visible and obvious to the property owner, and it must be without the owner’s permission. Additionally, the use must be continuous and uninterrupted for the required statutory period, which can range from several years to several decades depending on the jurisdiction. If these requirements are met, the claimant may acquire a legal right to continue using the property in the same manner as they have done during the prescriptive period.

Easements by prescription are similar to adverse possession in that they involve the acquisition of property rights through long-term use, but they differ in that easements by prescription typically involve only the right to use the property for a specific purpose, such as accessing a road or crossing over a neighbour’s land. Easements by prescription are subject to the same legal principles and defences as other property rights, and disputes over their existence or scope may be resolved through litigation or negotiation.

What is the dictionary definition of Easement By Prescription?
Dictionary Definition of Easement By Prescription

An easement acquired by continuous, open, and hostile use of the property for the period of time prescribed by state law.

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This glossary post was last updated: 28th March, 2024.

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