Prescriptive easement definition

Prescriptive easement means an easement in favor of an incumbent utility or communications
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Prescriptive easement means a right to cross a railroad if the property of another is acquired by
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Prescriptive easement means an easement in favor of an incumbent utility or communications provider that is deemed to exist, without any requirement of adverse possession, claim of right, or exclusivity, when physical evidence, records of the incumbent utility, public records, or other evidence indicates that it has existed on the servient estate for a continuous period of 20 years or more, without intervening litigation during such period by any party with a title interest seeking the removal of utility facilities or reformation of the easement. The size of such easement shall be deemed to be the greater of the actual occupancy of the easement in the incumbent utility's usual course of business or 7.5 feet on each side of the installed facilities' center-line.
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Examples of Prescriptive easement in a sentence

  • Prescriptive easement law as method of acquiring public access to Maine’s shorelineIn general, the holder or owner of an easement is entitled to a limited use of land owned by another.

  • Prescriptive easement between Tracts 107-116 and 107-19, Cuyahoga Valley National Recreation Area, Summit County, Ohio, and as described in a certain construction, Operation and Reciprocal Easement Agreement dated as of December 29, 1986, by and between X.X. Xxxxx aka Xxxxxxxx X.

  • Prescriptive easement declared by default judgment....and predecessors.

  • Capstar set forth four easement theories: (1) Express easement; (2) Implied easement; (3) Easement by necessity; and (4) Prescriptive easement.

  • Prescriptive easement b/c open/notorious, continuous for 7 yrs (stat was 5), adverse b/c (use continued without D’s interference and D refused to negotiate for use) and definite/certain line of travel (only slight deviations).

  • Prescriptive easement extension described in the Construction, Operation and Reciprocal Easement Agreement: Situated in the Township of Sagamore Hills, County of Summit and State Ohio and being known as a part of Original Lot No. 70 of Northfield Township and further bounded and described as follows: Beginning at the point of terminus of a prescriptive easement as recorded in Volume 7143, Page 185 and also volume 7143, Page 196 of the Summit County, Records, shown on Exhibit “B”; Thence, North 63 deg.

  • Parcel II: Prescriptive easement between Tracts 107-116 and 107-19, Cuyahoga Valley National Recreation Area, Summit County, Ohio, and as described in a certain construction, Operation and Reciprocal Easement Agreement dated as of December 29, 1986, by and between X.X. Xxxxx aka Xxxxxxxx X.

  • Also, drainage greatly impacts the quality of life and safety of the community.• Typical catch basin spacing, intersection drainage layouts, minimum grades for turf drainage and street drainage.• How drainage responsibilities and improvement/maintenance costs are apportioned between jurisdictions at differing levels of government (i.e., MnDOT and City).• Prescriptive easement laws/regulations.• The impact it plays during the design process.

  • Prescriptive easement arise by implication “when one party makes adverse, exclusive and uninterrupted use of the real property of another for twenty years.” White v.

  • We thought about soldiers returning from difficult tours of duty.


More Definitions of Prescriptive easement

Prescriptive easement means a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a
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Related to Prescriptive easement

  • Drainage area means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.

  • Easement means an acquired legal right for the specific use of land owned by others.

  • Parking Open unreserved vehicle parking spaces ("UNRESERVED PARKING SPACES"); and reserved vehicle parking spaces ("RESERVED PARKING SPACES"). (Also see Paragraph 2.6.)

  • Stormwater management planning area means the geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

  • Stormwater management measure means any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.

  • Parking Lot means a building or land used for the parking or storage of ten or more motorcars or bakkies, or two or more buses or trucks, excluding −