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Analogous to adverse possession. Land need not be in common ownership. Use not required before severance. Only affirmative prescriptive easements are possible.
1. Open & Notorious ▪ Obvious to someone looking at the property. ▪ Use was without permission (if had permission, would be license).
2. Adverse to Owner’s Claim of Right ▪ Use would impinge on owner’s rights.
3. Exclusive? ▪ Majority = no ▪ Minority = yes
4. Uninterrupted Use
5. Continuous ▪ X number of years (often specified by statute)
Chapter 3 Private Restrictions on Ownership. Encumbrances Restrictions or limitations on the owner’s ability to use a property.
CHAPTER 3 PRIVATE RESTRICTIONS OF OWNERSHIP EVEN FEE SIMPLE ESTATES ARE NOT FREE FROM RESTRICTIONS OR OTHER INFERENCES.
Private Restrictions on Ownership Chapter 3. Private Restrictions on Ownership Encumbrances –Restrictions or limitations on the owner’s ability to use.
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© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 48 Real Property Business Law Legal, E-Commerce, Ethical, and International.
Chapter 49 REAL PROPERTY. 2 Nature of Real Property Real property includes land, buildings and fixtures, and rights in others’ land. Real property includes.
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