HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
extinctive prescription
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A quick definition of extinctive prescription:
Extinctive prescription is when a right or title is lost because someone did not use or claim it for a long time. This can happen with things like property or legal rights. It is like forgetting about a toy and then someone else gets to play with it because you didn't use it for a long time. There is also something called acquisitive prescription, which is when someone gains ownership of something by using it for a long time.
A more thorough explanation:
Extinctive prescription is a legal concept that refers to the extinction of a title or right by failure to claim or exercise it over a long period of time. This means that if someone has a right to something but does not use or claim it for a certain amount of time, that right can be lost.
For example, if someone owns a piece of land but does not use or claim it for many years, someone else may be able to claim ownership of the land through extinctive prescription. This is also known as negative prescription.
Another example is in oil and gas law in Louisiana, where unused mineral servitudes can be extinguished after ten years if there is no effort to discover or produce on the land or the land pooled with it.
Overall, extinctive prescription is a way for legal rights to be lost if they are not actively used or claimed over a long period of time.