Legal Definitions - prescribe

The term prescribe has several distinct meanings in a legal context:

• To establish rules or requirements: This refers to the act of an authority setting forth specific guidelines, conditions, or procedures that must be followed.
• To acquire a right through long-term use: This describes a situation where someone gains a legal right, such as ownership of property or the right to use another's land, simply by openly and continuously using it for a legally specified period, without the owner's explicit permission.
• To lose or invalidate a right due to the passage of time: This refers to a legal right or claim becoming unenforceable or expiring because a specific time limit, set by law, has passed since the event occurred or the right arose.

Here are some examples illustrating these meanings:

• Example 1 (To establish rules or requirements): A state legislature might prescribe that all new residential buildings must include certain energy-efficient features, such as double-pane windows and minimum insulation levels. This means the legislature has formally set these requirements as mandatory rules for construction.

  Explanation: This example shows the legislature authoritatively establishing specific building standards that must be followed, illustrating the meaning of setting rules or requirements.

• Example 2 (To acquire a right through long-term use): Consider a farmer who has consistently driven their tractor across a corner of their neighbor's unused field to access their own back acreage for over 25 years, without ever asking for permission. If the state law prescribes that such open, continuous, and adverse use for 20 years creates a "prescriptive easement," the farmer might now have a legal right to continue using that path, even if the neighbor later decides to object.

  Explanation: Here, the farmer's long-term, specific use of the neighbor's land could lead to the acquisition of a legal right (an easement) through the process of prescription, demonstrating how rights can be gained over time.

• Example 3 (To lose or invalidate a right due to the passage of time): A small business owner discovered that a former employee embezzled funds from their company five years ago. However, the state law prescribes that a civil lawsuit for fraud must be filed within three years of the discovery of the fraud. If the business owner attempts to sue the former employee now, their right to bring that lawsuit will have prescribed, meaning the court will likely dismiss the case because the legal time limit has passed.

  Explanation: This illustrates how a legal claim (the right to sue for fraud) can become invalid or unenforceable because the statutory time limit for bringing the action has expired, demonstrating the loss of a right due to the passage of time.