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.
Or, does the 'Lee vs. Lozier' define it, and how does that become a 'definition' in state law ? Only place we can find 'prescriptive' and 'easement' in RCW or WAC is under Chapter 468-51 WAC, HIGHWAY ACCESS MANAGEMENT ACCESS PERMITS -ADMINISTRATIVE PROCESS, and definitions for access to roads etc. This question is in reference to where a public electric utility has run a service drop across ...
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.
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 ...
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.
Does a prescriptive easement on a driveway automatically transfer to a new property owner? I am selling my property to a new owner. Part of a driveway is on my land and part of the driveway is on adjoining property (split diagonally across driveway) . Both property owners have used driveway to access their properties (for convenience - not ...
You probably have a prescriptive easement in that road; however, erecting the fence was not the thing for the "neighbor" to do. There are other ways. Florida law permits a landlocked piece of land to have access from the nearest state highway, but sometimes you have to enforce your rights in court.
A prescriptive easement is an easement obtained by continuous and open use of another's property for a period of time. In Utah, a prescriptive easement exists where a party proves that their use of another's land was " (1) open, (2) notorious, (3) adverse, and (4) continuous for at least 20 years." Marchant v. Park City, 788 P.2d 520, 524 (Utah ...
How much is the average cost of action If one party disagrees with the prescriptive easement? I new owner has made a survey of property adjourning mine. I acquired my property forty years ago. There is an enclosed structure that was on there at purchase. Four feet of the structure encroach on the neighbors property according to the survey.
