Prescriptive easement definition

Prescriptive easement means an easement in favor of an incumbent utility or communications
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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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Prescriptive easement means a right to cross a railroad if the property of another is acquired by
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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.

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

  • 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).

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

  • 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.

  • 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.

  • 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.

  • 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.

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


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

  • Conservation easement means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.

  • 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.

  • parking meter means an apparatus for use on or in the vicinity of a parking place for indicating, as respects a space provided at that parking place for the leaving of vehicles, whether the initial charge has been paid and whether the period for which payment was made by the initial charge has expired;

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

  • 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.

  • Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

  • Parking means leaving a vehicle or permitting it to remain at rest;