Simple English definitions for legal terms
Read a random definition: distributive clause
Prescription is when someone uses another person's property for a long time without permission and then gets the right to keep using it. For example, if a neighbor has been using your land to get to their backyard for 10 years, they might be allowed to keep doing it. This is different from adverse possession, where someone can actually become the owner of the land they've been using. To get a prescriptive easement, the person using the land must have been doing it openly and without permission for a long time, usually 10 years.
Prescription is a legal term that refers to the acquisition of an easement, which is the right to use someone else's property, through continuous and adverse use of that property. This means that if someone has been using your land without your permission for a certain period of time, they may have the legal right to continue doing so.
In order for someone to acquire a prescriptive easement, they must meet the following requirements:
Let's say your neighbor has been using a path on your property to access their backyard for the past 10 years. If you were aware of this use but did not take any action to stop it, your neighbor may have acquired a prescriptive easement over that path. This means that even though you own the property, your neighbor has the legal right to continue using that path to access their backyard.