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Simple English definitions for legal terms

prescriptive easement

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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

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windyMagician
11:09
shaq hows ur love life going? any updates?
shaquilleoatmeal
11:14
damn couldnt even get to Christmas dinner before this question lmao im not looking for anything serious rn so no updates lol
11:14
i made out with my ex in a stairwell the other day if you care. my only update
shaquilleoatmeal
11:14
oof
shaquilleoatmeal
11:14
twitter ex or a different ex
11:15
different ex
windyMagician
11:15
since its not Twitter dude I'll forgive it
shaquilleoatmeal
11:17
at least you did that before the new year, cant carry that baggage in 25
11:17
I think he thinks if I move to nyc we’re going to get back together
11:17
that’s not my plan tbh
jackfrost11770
11:18
this is so funny
shaquilleoatmeal
11:19
lmao damn wish id be classmates with this dude
shaquilleoatmeal
11:20
@cheriebomb: you never know what the future holds
jackfrost11770
11:20
also cherie fallen soldier
jackfrost11770
11:20
i got home at 8 am from the club and my neighbor was leaving to go biking. truly living in different worlds
11:20
i don’t fw him that heavy tbh
11:21
i get along better with his friends than i do with him
windyMagician
11:21
nah the hiking in Nike blazers deserves jail time
11:21
he was already vomiting and shitting in a hole I think he did his penance
windyMagician
11:26
call that restorative justice
11:35
they put a place in the UK second. I don’t trust their methodology
shaquilleoatmeal
11:35
im laughin cause it definitely isnt but the fact that some people this it is is comical
shaquilleoatmeal
11:35
tink*
shaquilleoatmeal
11:35
think jee
shaquilleoatmeal
11:35
jeez - im over it
11:37
imagine saying you want to go to boston for christmas 💀
shaquilleoatmeal
11:40
imagine you not wanting to go what lmao
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