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prescriptive easement

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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: prescription, easement)
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Prescriptive Easement Prescriptive easement is another channel through which the public may acquire access to private property.
Sand for the people: the continuing controversy over public access to ... by Kranz, Erika / Florida Bar Journal
New Mexico also recognizes both easements set out in deeds and those created by long use without the permission of property owners, known as prescriptive easements.
NAMB. ACEQUIA GROUP FILES SUIT AGAINST DITCH NEIGHBOR by The Santa Fe New Mexican (Santa Fe, NM)
The seller is liable to disclose to the purchaser, any encumbrance on the title such as prescriptive easements and liens arising out of non payment of maintenance services, taxes, previous mortgages, judgments, municipal rates or divorce.
Purchasing A Home in New York by Andrew Dubinsky / Real estate industry community
 
 
 
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