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LSDefine
Simple English definitions for legal terms
negative prescription
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A quick definition of negative prescription:
A negative prescription is when someone loses their right to something because they didn't use it or claim it for a long time. This can happen with things like property or legal rights. It's like if you don't play with a toy for a long time, someone else might start playing with it and you can't claim it back.
A more thorough explanation:
Definition: Negative prescription is the extinction of a title or right by failure to claim or exercise it over a long period of time.
For example, if someone owns a piece of land but does not use it or claim it for a certain number of years, their ownership of the land may be extinguished through negative prescription. This means that someone else could potentially claim ownership of the land if they have been using it openly and continuously for the required period of time.
Negative prescription is different from acquisitive prescription, which is the acquisition of ownership or other legal rights through possession for a specified period of time. In acquisitive prescription, the person claiming ownership must have been using the property openly and continuously for a certain number of years, while in negative prescription, the original owner has failed to claim or exercise their rights for a certain number of years.