What are the Requirements for an Easement by Prescription?
Much like the requirements for adverse possession, an easement by prescription requires that the easement be: • Actually used • Openly used or observable • Continuous for the statute of limitations period (time limit) set by the state, which generally falls between 5-30 years • Adverse or in conflict with the claims of other persons to the title (depending on jurisdiction)If the requirements of actual use, open and continuous for the statutory period are met, some jurisdiction will presume the element of adverse use to find for an easement by prescription.
Related Questions
- What are the requirements for storing New York State official Prescription forms, also known as triplicate forms, used to prescribe controlled drugs?
- What are the requirements regarding auditable events for an electronic prescription application provider?
- Are there specific requirements for prescription forms such as size or format?
