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MIAMI A
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Simple English definitions for legal terms
prescriptive right
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A quick definition of prescriptive right:
A prescriptive right is a type of right that is obtained through continuous use or existence of something for a certain period of time. For example, if a nuisance has been present for 20 years, a prescriptive right to continue it may be acquired as an easement appurtenant to the land on which it exists. This means that the right to continue the nuisance becomes a legal right that is attached to the land and can be passed on to future owners.
A more thorough explanation:
A prescriptive right is a legal right that is obtained through continuous use or enjoyment of a property or land for a certain period of time. This right is acquired without the need for a formal agreement or permission from the owner of the property.
For example, if a person has been using a pathway on their neighbor's property for over 20 years without any objection from the neighbor, they may acquire a prescriptive right to continue using the pathway as an easement appurtenant to their own property.
Another example is if a person has been parking their car on a certain spot on a public street for over 10 years without any objection from the local authorities, they may acquire a prescriptive right to continue parking their car on that spot.
These examples illustrate how a prescriptive right can be acquired through continuous use or enjoyment of a property or land for a certain period of time without the need for a formal agreement or permission from the owner or authorities.