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 Len will argue that he has an easement by prescription to enter Michelle's property and retrieve the dog from the patio.

  • 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 A person claiming a prescriptive easement must prove that the use was (1) open and notorious, (2) over a uniform route, (3) continuous and uninterrupted for 10 years,(4) adverse, and (5) with the owner’s knowledge at a time when they were able to enforce their rights.

  • 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.

  • Prescriptive easement rights may only be established after 20 years of continuous use.

  • Prescriptive easement is a fundamental way to change or terminate an easement, versus private parties.

  • Drawings of temporary installation which will not be a part of the finished installation.

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

  • A decision to approve the application for the minor use or minor species is not, implicitly or explicitly, a reaffirmation of the approval of the original application.

  • The easement is implied only over that portion of the divided tract that blacks access to a public road from the landlocked parcel.✓ An easement of necessity cannot be implied over land that was never owned by the common grantor of the dominant and servient estates.✓ Prescriptive easement – an easement that prohibits the servient estate owner from doing something such as building an obstruction Brown v.


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

  • Descriptive literature means information provided by an offeror, such as cuts, illustrations, drawings, and brochures that shows a product’s characteristics or construction of a product or explains its operation. The term includes only that information needed to evaluate the acceptability of the product and excludes other information for operating or maintaining the product.

  • Landscaped area means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

  • Automobile Headliner Adhesive means an aerosol adhesive designed to bond together layers in motor vehicle headliners.

  • Basement means any area of the building having its floor subgrade (below ground level) on all sides.

  • Sedimentation means a process for removal of solids before filtration by gravity or separation.

  • Erosion and sediment control plan or "plan" means a document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives.

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

  • Long-term lease means a lease term of at least 27.5 years for a residential resource or at least 31.5 years for a nonresidential resource.

  • Landing area means that part of a movement area intended for the landing or take-off of aircraft;

  • Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.