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 ?
Gatto's areas of expertise also include adverse possession and prescriptive easement claims.
1-114-1) (3 pages) (plaintiffs claim to have a prescriptive easement over the defendants' registered property to reach his garage, which was built in 1924; plaintiffs contention the easement should have been noted in the 1972 decree of registration of the defendants' property and that its absence is due to submission of inaccurate or incomplete plans which, he asserts, amounts to perpetrating a fraud on the court and renders the decree void ab initio) (No.
At that time, Heller told the council that if the city could show it had been maintaining the road for 20 years, the city could claim prescriptive easement, which are limited property rights earned by regular use.
Prescriptive easement cases often require proof similar to that found necessary for adverse possession.
the parcels to be acquired in conjunction with the project consist of seven (7) fee partial acquisitions, nine (9) permanent easements, one (1) prescriptive easement and thirty (30) temporary construction easements.
125) However, the Alaska Supreme Court has suggested that a use might be so shared that it would be impossible to determine that a prescriptive easement existed in a single individual.
Claimants bear the burden of proving that they acquired a prescriptive easement.
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.
They claimed they have no other access to their homes and were entitled to a prescriptive easement over owners lands via Cottontail Lane.
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.
Thus, while the existence of a prescriptive easement (or an easement by way of necessity, which will be addressed in a subsequent article) is unlikely to be disclosed by a standard title search (unless such an easement is subsequently confirmed by a recorded judgement or an express easement), a careful property inspection and a thorough survey may make the existence or potential claim of the existence of such an easement evident.
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.