The process whereby a person acquires a right or may free himself from an obligation over a period of time.
Method of obtaining an easement by adverse use of another person's property for a period of years specified by law.
An easement or title obtained by possession for a prescribed period; prescriptive rights.
( prescription) A time, after which a cause of action ceases. Statutes set out a period of time in various circumstances, where an action must commence. The cause of action fails if the action was not started within the prescribed time period.
getting an intangible interest in property –– such as an easement –– usually by means of encroachment or some other way of use.For example, if someone encroaches on a property without intending to end the problem is not discovered until many years later, court may declare "easement by prescription" to resolve the problem and give the encroacher some rights.
Obtaining an easement by open, hostile and continuous use for a statutory period of time.
An order to a provider for covered services, which is signed or transmitted by a provider authorized to prescribe or order such services.
directions prescribed beforehand; the action of prescribing authoritative rules or directions; "I tried to follow her prescription for success"
a method created by law for acquiring ownership or ridding oneself of certain burdens on the fulfilment of fixed conditions
Process of acquiring an easement through adverse use of the easement over a required period of time.
The means of acquiring incorporeal interests in land, usually an easement, by immemorial or long continued use. The time is ordinarily the term of the statute of limitations.
A written statement defining goals and objectives and the actions or treatments needed to attain the goals and objectives. Prescriptions are written for discrete portions of National Forest System lands. A prescription can be resource specific (such as for prescribed fire or silviculture) or, in the case of management prescriptions, broad to attain multiple use goals and objectives.
the gaining of a right by reason of a lapse of time.
(1) the process of acquiring title to property by reason of uninterrupted possession of specified duration, (2) acquisition of ownership or other real rights in movables or immovables by continuous, uninterrupted, peaceable, public, and unequivocal possession for a period of time.
Measurable criteria that define conditions under which a prescribed fire may be ignited, guide selection of appropriate management responses, and indicate other required actions. Prescription criteria may include safety, economic, public health, environmental, geographic, administrative, social, or legal considerations.
a course of management action prescribed for a particular area after specific assessments and evaluations have been made.
A legal term describing the acquisition of rights or obligations through the passage of time (such as adverse possession).
Acquiring a right in property, usually in the form of an intangible property right such as an easement or right-of-way, by means of adverse use of property that is continuous and uninterpreted for the prescriptive period established by state statute. Use of land is adverse when it is made under a claim or right. Therefore, there is no adverse use if the owner has granted permission, if the user has paid for the use or if the user has admitted that the owner has a superior right in the property. Prescription is often used interchangeably with the term adverse possession, which more strictly refers to the acquiring of title to lands. As in adverse possession, the essential elements are that the prescriptive right be adverse, under claim of right, continuous and uninterrupted, open, notorious and exclusive, with the knowledge and acquiescence of the servient owner, and continuing for the full prescriptive period. By "continuous" is meant that the property is used on a regular basis.
In the broad sense of modern times, the gaining of some right or interest in real estate through long and continuous adverse use, usually for a period prescribed by statute, such as the acquisition of an easement by the unlicensed and adverse use of a path, roadway, or utility lines across another property.
a means whereby a right might be lost or acquired due to lapse of time; for example, long uninterrupted and unchallenged possession of property (usucaption) would confer a right to it, whereas if someone possessing a particular right did not exercise it for long enough, he might lose it
Acquisition of title by adverse possession.
a doctor who prescribes special medicine for your needs writes you a prescription on a piece of paper. You take this to the pharmacy to get the medicine.
Securing of an easement by open, notorious, and uninterrupted use, adverse to the owner of the land for the period required by statute, which, in California, is five years. A method of obtaining an easement by adverse use over a prescribed period of time. Back to the Top
Rights to property by adverse possession. A continued use of another person's property can result in adverse possession. The continued use is called a "prescription."
A method of acquiring rights through the silence of the legal owner and known in common law jurisdiction as "statute of limitations." When used in a real property context, the term refers to the acquisition of property rights, such as an easement, by long and continued use or enjoyment. The required duration of continued use or enjoyment, before legal rights are enforceable, is usually written into a state's law known as "statute of limitations."
Rules of law by which certain rights and obligations are established or extinguished, for instance: the grant of a right arising from long usage and enjoyment of the right, (positive prescription: 10 years, or 20 years in certain cases), or the extinction of a right arising from abandonment or long neglect to exercise or enforce the right (negative prescription: 5 years, or 20 years in certain cases).
Creation (or extinguishment) of a legal right or obligation by the lapse of time.
Acquiring rights through adverse possession.
The doctrine by which easements are acquired by long, continuous, and exclusive use and possession of property.
Obtaining title to property by adverse possession by occupying it for the period determined by law to bar action for recovery.
Also known as an Rx, a prescription is an order written for a patient by a qualified prescriber for an ethical pharmaceutical product.
Doctrine by which a particular easement is acquired by long, continuous, and exclusive use and possession of property. (See Adverse Possession)
Method of obtaining title to property through adverse possession, such as open, notorious, and continuous use of the property for a statutorily prescribed period of time.
Also known as an Easement by Prescription; it is the securing of an easement by five years of open, notorious, continuous and hostile use, under a claim of right or color of title. The property taxes do not need to be paid nor is a confrontation with the owner necessary and after five years of non-use it terminates.
Prescription (law) is the method of sovereignty transfer of a territory through international law analogous to the common law doctrine of adverse possession for private real-estate. Prescription involves the open encroachment by the new sovereign upon the territory in question for a prolonged period of time, acting as the sovereign, without protest or other contest by the original sovereign. Basically, this doctrine legalizes de jure the de facto transfer of sovereignty caused in part by the original sovereign's extended negligence and/or neglect of the area in question.