Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

prescriptive easement

Read a random definition: gallows

A quick definition of prescriptive easement:

A prescriptive easement is a legal right to use someone else's property that is acquired through openly and continuously using it for a certain number of years without the owner's permission. This means that if someone uses a part of someone else's land for a long time without the owner stopping them, they may be able to claim a prescriptive easement. However, this only applies to certain types of uses, and the length of time required varies by state.

A more thorough explanation:

A prescriptive easement is a legal right to use someone else's property for a specific purpose, acquired through open and notorious use of the property without the owner's permission, for a continuous and uninterrupted period of time. The length of time required to establish a prescriptive easement varies by state law.

For example, in Oregon, a person may claim a prescriptive easement if they have openly and continuously used a roadway on someone else's property for at least 10 years without the owner's permission. In the case of Beebe v. DeMarco, the court found that the plaintiff had established a prescriptive easement because they had used the roadway to access the rear of their property for over 30 years, and their use was consistent with their needs and had not been interfered with by the owner.

It's important to note that a prescriptive easement can only be acquired through open and notorious use that is adverse to the owner's rights. This means that the use must be obvious and visible to the owner, and the user must act as if they have the right to use the property, even if they do not have the owner's permission. Additionally, a negative easement, which prohibits the owner from doing something on their own property, cannot be acquired through prescription.

Prescriptive | present recollection refreshed

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
LSD+ is ad-free, with DMs, discounts, case briefs & more.