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prescription definition

the method of acquiring an easement upon another's real property by continued and regular use without permission of the property owner for a period of years required by the law of the state (commonly five years or more). Examples Phillip Packer drives across the corner of Ralph Roundup's ranch to reach Packer's barn regularly for a period of ten years; for a decade Ronald Retailer uses the alley behind Marjorie Howard's house to reach his storeroom. In each case the result is a "prescriptive easement" for that specific use. It effectively gives the user an easement for use but not ownership of the property.

See also prescriptive easement
 
 
 
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