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A prescriptive easement is an easement created from an open, adverse, and continuous use over a statutory period. If you have ever heard of adverse posession, it is essentially the same thing except that it creates an easement as opposed to someone acquiring the title to land.

In some states (such as MA) the law also requires that the continuous use be "exclusive", meaning that only the person claiming the easement by prescription has been using it during the statutory period, not just everyone who comes along.

Also, a prescriptive easement may be defeated if the landowner occasionally blocks the access to everyone. That way, anyone who incorrectly believes he or she has a right to go across the land will discover it is not true.

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Q: Easement by prescription
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Related questions

What is the time of use for easement by prescription in Florida?

20 years in FL


How long do you have to use a property to create an easement by prescription?

30 years


Does Massachusetts honor easement by prescription?

Yes. However, the easement would need to be perfected by a court order.Yes. However, the easement would need to be perfected by a court order.Yes. However, the easement would need to be perfected by a court order.Yes. However, the easement would need to be perfected by a court order.


Is easement a word?

Yes. It means "Advantage, convenience; something serving as a convenience. It is also a legal term meaning "Acquired right or privilege of using something not one's own." (source: Oxford Illustrated Dictionary 1977)Answer/ClarificationYes, easement is a word. It's a very important word in the Law of Property. The commonly understood and basic definition is a right in land owned by another person for a specified purpose. Examples would be an access easement, easement for installation of utilities, aqueduct easement, flowage easement, sewer easement or parking easement. In addition to the common definition of easement there are many other types in law such as easement by prescription, affirmative easement, easement by implication, easement by necessity, etc.


How can you prevent the creation of an easement by prescription?

The rights of an easement holder vary substantially among jurisdictions...However - in general -If the true property owner will assert his ownership rights and prevent the use that is being made by the holder(s) of the easement...the easement will not become binding and will have no force. The amount of time lapsed since the use had begun is the key, and that time varies, according to jurisdiction.


Can a business use a nonexclusive easement to get to their property?

The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.


Answering This is about land right aways this lane is the only way into this property for at least 100 years now there is a question about legal access nothing at the court house showing anything but?

There could be 2 issues here. An easement of necessity and an easement by prescription. An easement is the right to use another's property for some specific and limited purpose without giving any possessry rights on the land covered by the easement. A common public policy in some, but not necessarilly all, states is that no land shall be made unusable because of lack of access. If a particular piece of property is surrounded by other lands so that the owner must commit a trespass to get to his/her own lands, the law implies an easement of necessity to permit that owner to cross another person's land. The easement will generally not be conferred by a court if there is some other access. The easement is not given just because that route is the easiest access there has to be a necessity for it. The second issue arises from the use of the access route for over 100 years. In some, but again, not all, states, if a property owner has been using an abutting property owner's property as an access route to his own property, whether necessary or not, there may be an easement by prescription. Such an easement could be imposed if the abutting owner knows the first owner is using the property as an access route without the abutting owner's permission and if the abutting owner does nothing to stop it, an easement by prescription could be imposed by a court. Generally there must be a certain period of time the route has to be used before there is such an easement. In New Jersey it is 20 years. Each state might have different requirements to prove an easement by prescription. Whether the situation in the questioner's situation creates either easement depends strictly on the facts and the law of that state.


Does access to an easement have to be provided if so isn't that another easement?

Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.


Can an easement be blocked?

If an easement is a legal easement as described in a legally filed deed then no an easement can not be blocked. The only way an easement can be released is again through a release by all parties on a recorded deed.


Is scenic easement same as landscape maintenance easement?

No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.No. A scenic easement prevents another from obstructing the view.A landscape maintenance easement is less exact. It could be an easement to encroach on another's property in order to perform maintenance.


How do you value an easement?

The customary way of appraising an easement to is valuate the land as if unencumbered by the easement and the land as encumbered; the difference between the two values is the value of the easement.


What is exclusive easement?

A non- exclusive easement refers to the right to use the land, but the easement is not granted to only you. Other parties may have the right to use the easement also.