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In this video we discuss Easement by Prescription.
Easement by prescription is the right legally created in favor of a person who openly uses another’s land or segment of property in an uninterrupted fashion, without the land owner’s express authorization and for a period of time indicated by law.
For example, if a person uses a segment of your land to access the lake for over ten years in an uninterrupted and open fashion, that person can acquire prescriptive easement.
A “prescriptive easement” is when the law grants rights to a non-owner of a property resulting from his or her continual use of the property and the lack of objection of the actual owner of the property.
For example, if your property is by the lake and your neighbors have no other choice but to access the lake using your property, if this continues for many years in an uninterrupted fashion, through the mechanism of prescription by easement, they may access the lake.
The amount of time it will take for prescriptive rights to be created will depend on the laws applicable in the jurisdiction where the real estate property is located.
#Easement #Prescription #PrescriptiveEasement
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