What Is An Easement by Prescription? | Summary and Q&A

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May 2, 2022
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The Real Estate Lawyer
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What Is An Easement by Prescription?

TL;DR

Easements by prescription are a way to acquire property rights without a written agreement, but they require specific elements such as adverse use, open and continuous use, and substantial identity of the claimed easement.

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Key Insights

  • 💨 Easements by prescription are a way to acquire property rights without a written agreement, but they need to meet specific legal requirements.
  • 😒 Adverse use doesn't require conflicts or disputes with neighbors, but it must be against the rights of the true owner.
  • 😒 Open and notorious use means the use of the property should be visible and easily known to the true owner.
  • 😒 Continuous and uninterrupted use for at least 20 years is necessary to establish an easement by prescription.
  • 🛄 The claimed easement must have substantial identity throughout the 20-year period.
  • 👍 Proving an easement by prescription requires careful examination of facts, detailed evidence, and the assistance of a litigation attorney.

Transcript

a lot of people think well i you know i've been using this for five years surely it's mine now that's not the case hey everybody i'm tiffany weber and i'm a real estate lawyer in mooresville north carolina and today our topic is easements by prescription or prescriptive easements now if you are interested in learning about this topic then you proba... Read More

Questions & Answers

Q: What is an easement by prescription?

An easement by prescription is a property right acquired through continuous and uninterrupted use without a written agreement. It is established in court by proving specific elements.

Q: How do you prove adverse use in an easement by prescription case?

Adverse use means using the property without the owner's permission. It doesn't require hostility or conflicts with neighbors, but it must be in a way that goes against the rights of the true owner.

Q: Can the use be secretive in an easement by prescription claim?

No, the use must be open and notorious, meaning it should be visible and known to the true owner. Secret or hidden use will not satisfy this element.

Q: How long does the use need to be continuous for an easement by prescription?

The use must be continuous and uninterrupted for a minimum of 20 years. Five years of use will not be sufficient to establish an easement by prescription.

Summary & Key Takeaways

  • Easements are the right to use another person's land, and easements by prescription are acquired without a written agreement.

  • To establish an easement by prescription in court, you need to prove adverse use, open and notorious use, continuous use for at least 20 years, and substantial identity of the claimed easement.

  • The process of proving an easement by prescription is complex and requires detailed evidence and the assistance of a litigation attorney.

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