An easement by prescription is a type of property right which has been acquired through a long-term practice of use without interruption. In most cases, this means that a user has gained the right to certain uses of the property due to a long period of time during which they were not stopped or challenged by the landowner.
This type of right is different from other types of easements, which may be granted by deed or contract. In the case of an easement by prescription, the law recognizes the right of use, regardless of any agreement between the two parties.
Why Is Easement by Prescription Important?
Easement by prescription is a legally-recognized form of prescriptive rights and is important because it ensures that a user can rely on the right to use the property in certain ways, even if the original owner no longer exists. For example, if a neighbor has been using a portion of your property for a period of time without interruption, they may have established a prescriptive right to do so and you may have to allow this use (or pay compensation) to maintain the right.
Easement by prescription is also important for landowners as it can be used to protect their rights in certain circumstances. For example, if you have a neighbor who has been using an access road to enter your property for a period of time without your permission, you may be able to take advantage of your own prescriptive rights to restrict or even prevent their access.
Examples of Easement by Prescription
Examples of easement by prescription often involve rights of access. This can include a neighbor having the right to drive across a certain section of land, as may be the case for a shared access road. It can also include things like hunting or fishing on land where the user has established a prescriptive right.
Easement by prescription can also refer to other rights, including rights of support, or rights to control light or air. In some cases, people have even successfully established prescriptive rights to parties, or to firewood that has been cut in a particular location.
Conclusion
Easement by prescription is an important concept in the law of property, as it allows for the recognition of prescriptive rights to certain uses of property, even if an agreement doesn’t exist between the parties. It is also important for landowners, as it can be used to protect their rights in certain cases. Examples of easement by prescription are common and range from rights of access to shared land, to rights to hunt or fish, and to control light or air.