prescriptive easement

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)

References in periodicals archive ?
12 memo to the Planning Commission, Davies advised commissioners, "[A]ny of the paved portion of Oakleigh Lane that lies outside the right of way that has existed for 10 years or more will be considered to have been acquired by the City as a prescriptive easement.
According to the Supreme Court of New Hampshire, it would be unfair to the owner of the dominant estate to extinguish a prescriptive easement appurtenant simply because the taxes were not paid on the servient estate.
Typically, even in the absence of an express easement, an upstream owner may have an actual right to discharge into and maintain downstream receiving drains, by virtue of the doctrine of mutual drain or by prescriptive easement, but usually the right has not been established by litigation.
It's) something that a judge would certainly be interested in too, knowing that 53 years ago another judge found there was a prescriptive easement to Oasis Park.
Stanton counterclaimed seeking an injunction preventing any interference with her use of the private road as provided in the 1965 agreement as well as by virtue of a prescriptive easement which Mrs.
WHY THE PUBLIC PRESCRIPTIVE EASEMENT FRAMEWORK SHOULD
On appeal, the Supreme Judicial Court of Maine noted the statute of limitations for adverse possession makes clear a class of persons may acquire a prescriptive easement.
Prescriptive easement is another channel through which the public may acquire access to private property.
Suit seeks damages of $1,134, a prescriptive easement and to quiet title.
Similarly, to obtain a prescriptive easement, a claimant must show adverse, open, and uninterrupted use of the access way for the ten-year period.
Suit seeks a declaration that the express easement has been relocated by implied agreement to the roadway, and a declaration that the correct legal description of the easement is the same as the legal description of the roadway or granting plaintiff a prescriptive easement for ingress and egress across the roadway.
Suit seeks to eliminate any claim of interest of defendant, to declare a prescriptive easement over roadway and to forever enjoin and restrain defendant from entering and trespassing on plaintiff's property.