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
WHY THE PUBLIC PRESCRIPTIVE EASEMENT
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
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.