prescriptive easement

None of these claims for prescriptive easements were successful.

But a radical change in use would not necessarily destroy other prescriptive easements, for example, support to a building.

Rights of way, like prescriptive easements, can often appear out of nowhere.

Implied and prescriptive easements are examples of that kind of interest.

A prescriptive easement can arise after you occupy part of a property, such as a driveway or the 20 feet in your situation.

A right to a prescriptive easement or profits-a-prendre is considered as being based on a presumed grant.

Neither of these subsections apply to prescriptive easements and profits-a-prendre.

Rose was entitled to a prescriptive easement under s. 31 of the Limitations Act for three reasons.

Prescriptive easements differ from adverse possession by not requiring exclusivity.

You have referred to the concepts of adverse possession, prescriptive easements and laches.

Unlike fee simple adverse possession, prescriptive easements typically do not require exclusivity.

Applying these principles, it granted a declaration that a prescriptive easement had been acquired despite previous consent to use of the land.

However, "prescription" is used technically in law to refer to the basis for the creation of prescriptive easements and profits-a-prendre.

'Prescriptive Easement' Applied The defendants said last week that they would appeal.

To perfect a claim for adverse possession or a prescriptive easement, the claimant must bring a quiet title lawsuit in the local court.

Rights based on adverse use (not amounting to possession), i.e. prescriptive easements and profits-a-prendre.

A claim for a prescriptive easement will not succeed if the owner of the servient tenement gives specific permission.

If you have dealt with prescriptive easements, what was their nature (e.g., was it for a right-of-way?)?

The laws of adverse possession and prescriptive easements do not apply to government agencies, public utilities and railroads.

It does not permanently prevent the acquisition of a prescriptive easement nor is it effective or binding on any successor in title.

A prescriptive easement or profits-a-prendre which has arisen in British Columbia, will normally be an unregistered interest in land.

"If they've been using this road for five years why don't they have a prescriptive easement" that allows them to continue driving on it Yaffe asked Compton.

In most U.S. jurisdictions, a prescriptive easement can only be determined for an affirmative easement not a negative easement.

In any event principles of misrepresentation apply in personam (against the person, rather than to bind the property) which may instead be bound by prescriptive easements.

In other jurisdictions, such permission immediately converts the easement into a terminable license, or restarts the time for obtaining a prescriptive easement.