The granting of an easement by a court, based on the presumption that a written easement was given (although none existed), after a period of open and continuous use of land.
A right to use another's property that is not inconsistent with the owner's rights and that is acquired by an open, notorious, adverse and continuous use for the statutory period, for example 20 years.
The securing of easement rights through adverse possession.
A legally enforceable right to make use of all or part of the property of another as a result of continuous and uninterrupted use of that property for a period of time as established by statute.
A right to use another's property which is not inconsistent with the owner's rights and which is acquired by a use, open and notorious, adverse and continuous for the statutory period (e.g. Twenty years). To a certain extent, it resembles title by adverse possession but differs to the extent that the adverse user acquires only an easement and not title. To create an easement by "prescription," the use must have been open, continuous, exclusive, and under claim of right for statutory period. (See, also "Adverse Possession.") Black's Law Dictionary, 5th Edition.
An easement granted by a court based on the assumption that a written easement was given after a period of continuous use of the land, although none existed.
Passage through the property of another, by long term usage without objection by the owner, which establishes precedence, which common law considers that a right has been established.
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.
