The primary Arizona Statutes governing prescriptive easements are found in Title 12, Ch.5, Art. 2. Basically, the law requires the same elements to establish a prescriptive easement as it does to establish a claim of ownership through adverse possession, except that prescriptive use need not be exclusive. The elements are very case specific, so reference to the applicable case law, in addition ...
Prescriptive easement law in missouriwe own property in missouri that has an access road to peoples property behind us. the driveway goes right through the middle of the property next to my house. the people behind us have given the county road department a hill to get all the dirt they need. county has offered to fix the neighbors old road to access the dirt. the neighbor wants to turn the ...
A prescriptive easement is a legal doctrine, and is not a kind of document that you record. In order to have a claim of a prescriptive easement perfected, you would need to go to court and obtain a judgment that you have a prescriptive easement over certain property.
Can I Terminate An Unknown and Undocumented "Prescriptive" Easement? I purchased a home in Oct. 2017 and was not informed of any easement by the seller, agent, or title company.
In most states, there must be some aspect of claiming the property as one's own before one can acquire an interest in it by adverse possession--including a prescriptive easement. So if the town was both knowledgeable and permissive in your use, you would likely lose your principal ground for acquiring a prescriptive easement--i.e., adverse.
Does my neighbor's porch against the property line constitute a prescriptive easement? My neighbor's side porch is built up to the property line (i.e. there is zero setback). There is about 10 feet between that porch and our house - it's just entirely our 10 feet.
If you can't get their cooperation, then I'd suggest consulting with an attorney to review the full situation, determine whether the prescriptive easement is truly unavoidable, and whether there are any options that might give you sufficient leverage to force a change in location.
Property Line Disputes, Adverse Possession, and Prescriptive Easements Finding a fence, wall, trees, or shrubbery on the wrong side of a property line These controversies can take many forms, but they often arise because...
What is the statute of limitations for a property line prescriptive easement or hostile easement? I have owned the property for 5 years. They neighbor has owned her property for 12 years. The neighbors fence is located 9 1/2 ft. on my property at one end and part of their wood shed is on my land.
