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Prescriptive Easement

Definition

An easement acquired in a manner similar to that of adverse possession. The use that gives rise to the easement must be (1) open and notorious; (2) adverse to the property owner's rights; and (3) continuous for the applicable period, which is often the statute of limitations for trespass. The scope of the easement will be defined by the easement holder's specific use of the property during the prescriptive period.

Related Rules [?]