Can I file an easement by prescription against a municipality? 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 a prescriptive easement on a driveway automatically transfer to a . . . The law on easements is actually very logical and predictable If you have been using part of your neighbor's property as part of your driveway, and if the neighbor has been doing the same with your property, and if this is known and accepted by both you and your neighbor, you don't really have a "prescriptive" easement, but rather an "implied" easement
Can a person file a prescriptive easement on their own or does it have . . . Obtaining a prescriptive easement requires a trial, and cannot typically be handled by a non-lawyer I would strongly urge you to consult immediately with a litigator skilled in this area of the law PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP
Where can I get a copy of the Arizona law regarding prescriptive . . . Prescriptive easements are analyzed through the common law, not statutory law There is no way to give one a definitive answer on whether or not you have a prescriptive easement before a Court's determination because a prescriptive easement by its very nature is taking away a property right of another, which cannot happen automatically upon the unilateral action of a third party (your client)
How much does it cost to file a prescriptive easement law A prescriptive easement has many of the same requirements as adverse possession of land Once you have met the requirements of the easement, then it is said that the land is encumbered by the dominant tenant and the way to settle up the deed is a quiet title action
Where, in WA state law, is prescriptive easement defined for a public . . . The elements of prescriptive easements (in the case law) require that the use be 1) actual, 2) open and notorious, 3) hostile, 4) continuous and 5) exclusive It's important to remember that the words used in this list of elements are "legal terms of art," meaning that they are legally defined in a very particular manner that doesn't really
Prescriptive easements in Michigan, what qualifies? Prescriptive easements in Michigan, what qualifies? I own nearly three hundred acres of property in Northern Michigan, almost surrounded by state land On the northern portion of my property is a 20 acre lake which lies entirely on my property
Can I Terminate An Unknown and Undocumented Prescriptive Easement? Otherwise, a claimant could side-step the tax requirement for obtaining fee title via adverse possession Accordingly, prescriptive easements have traditionally been granted for rights of way and ingress and egress purposes So, what does this all mean to you? Well, its unlikely that the water valve itself constitutes a prescriptive easement
Time needed for use to become prescriptive easement in Arkansas is 7 . . . All case law I can find speaks of a single owner for the duration of the prescriptive time period and never speaks of a new owner before the end of the prescriptive time period Credit Adverse possession of property Easements and land use law Real estate Right of way easement