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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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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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