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 ?
Because prescriptive easement rights are "gained by an adverse user asserting a right based on his own wrongdoing, the law does not favor the acquisition of prescriptive rights and required a high burden as to allegations and proof in order to overcome historical and well-founded presumptions against wrongdoing." (16) Ultimately, the court held that FPC's second affirmative defense failed to state a cause of action because it failed to allege any ultimate facts showing that FPC's use was adverse to the owner and made without permission from the owner and, therefore, did not allege adversity.
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."
WHY THE PUBLIC PRESCRIPTIVE EASEMENT FRAMEWORK SHOULD
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.
In June 2010, the Marshalls filed suit and sought a court determination that they held a prescriptive easement to cross the Beach Lot.
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.
Suit seeks damages of $1,134, a prescriptive easement and to quiet title.
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. The question was whether use by three households--one for twenty years, one for ten years, and one for one year--was sufficient to establish the prescriptive element of continuity for a class of nineteen households.
Prescriptive easement is another channel through which the public may acquire access to private property.
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.
Next, the court affirmed the prescriptive easement in the driveway Abdelaal used daily, but found that his occasional use of the other driveway was not sufficiently open and continuous.
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.