Definition of a Prescriptive Right

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A prescriptive right falls into the legal area of property. A prescriptive right might be associated with the creation of easements, which can be created by prescription, an express grant, implication and necessity.

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Definition

A prescriptive right is obtaining a title, an interest or right when the original or previous owner fails to use or claim authority, dominion or power for an exclusive, continuous, hostile and open/notorious period of time defined by the law.

Features

An easement is a privilege to use land owned by someone else. How an easement is created aids in the categorisation of the prescriptive right, but the creation of an easement might hold as an interesting topic to study further.

Considerations

The period defined by the law refers to the statute of limitations. The statute of limitations expresses the period of time a claim can be filed in court.

Function

The terms exclusive, continuous, hostile and open/notorious refer to the elements of adverse possession, which deals with how to gain real property. Prescription is similar to adverse possession, but it references easements.

Significance

A prescriptive right becomes important to people who possess land. Understanding this concept can help a landowner prevent the loss of a portion of his land or vice versa.

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