13:13
i heard the group interview is really chill and I'm kinda excited to do it
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Simple English definitions for legal terms
easement by prescription
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A quick definition of easement by prescription:
Term: Easement by Prescription
Definition: Easement by prescription is when someone uses another person's property for a certain amount of time without permission in a way that the owner should know about. This gives the person a right to use the property, called an easement. The time limit for someone to achieve a prescriptive easement varies by state, but it can range from a few years to over twenty. Courts recognize prescriptive easements because the person claiming the easement used the property for a long time and relied on being able to use it. For example, if Johnny used his neighbor's private road to reach a public road for ten years without being asked to stop, a court may grant him a prescriptive easement.
A more thorough explanation:
Easement by prescription
Easement by prescription, also known as prescriptive easement, is a legal concept where a person gains the right to use someone else's property without permission. This happens when the person uses the property for a certain period of time without the owner's objection. The time limit for gaining a prescriptive easement varies by state, but it usually ranges from a few years to over twenty. The court recognizes prescriptive easements because the person claiming the easement has used the property for a long time and relied on it.
Johnny bought a property that did not have access to a public road. However, he used his neighbor's private gravel road to reach a public road for ten years without the neighbor's objection. In this case, a court may grant Johnny a prescriptive easement to use the private road.
Another example is when a person uses a path across someone else's land to access a nearby river for fishing. If the person uses the path for the required period without the owner's objection, they may gain a prescriptive easement to use the path for fishing.
These examples illustrate how a person can gain the right to use someone else's property through easement by prescription. The key is that the use must be continuous, open, and notorious, meaning that the owner should be aware of it. If the use meets the requirements, the court may grant the person a prescriptive easement.