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A prescriptive easement allows someone other than the original property owner to gain the rights to use a property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by a neighbor.
Having an easement on your property means that a third party (an individual or a utility company for example) has a right to use your property for a particular purpose. This could be passing by foot or with vehicles over your property, or a right to pass service media for utilities on, over or under your property.
Easements are granted to authorize a specific long-term use of public land. Such uses include rights-of-way for state highways, county roads, electric utility lines, telephone lines, railroads, oil and gas pipelines, telecommunication sites and similar uses.
These methods of termination are abandonment, merger, prescription, end of necessity, demolition or destruction, marketable title statutes, misuse, estoppel, and death of the holder of an easement in gross.
A Negative Easement prohibits a landowner from doing something. One common example of a Negative Easement is a restriction from building an obstruction on the Servient Estate. Unlike Affirmative Easements, Negative Easements do not give anyone a right of entry onto the Servient Estate.
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Acquisition of easements by prescription The term by prescription means that the acquisition of a title or a right by the owner of the property in the manner prescribed by law.
These methods of termination are abandonment, merger, prescription, end of necessity, demolition or destruction, marketable title statutes, misuse, estoppel, and death of the holder of an easement in gross.
For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to docHub a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.
Prescriptive Easements Right must have been independently enjoyed without any agreement with the servient owner, Must be enjoyed openly, peacefully and as of a right without any interruption for a continuous period of 20 years and in respect of any government land the period of non-interruption shall be 30 years.
Should the owner of the servient land prevent you exercising your easement you can seek an injunction against them to enforce your right. When seeking an injunction it is important that you act quickly.

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