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What is the time of use for easement by prescription in Florida?
Wiki User
∙ 11y ago
20 years in FL
Wiki User
∙ 11y ago
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How long do you have to use a property to create an easement by prescription?
30 years
How can you prevent the creation of an easement by prescription?
The rights of an easement holder vary substantially among jurisdictions...However - in general -If the true property owner will assert his ownership rights and prevent the use that is being made by the holder(s) of the easement...the easement will not become binding and will have no force. The amount of time lapsed since the use had begun is the key, and that time varies, according to jurisdiction.
Can a business use a nonexclusive easement to get to their property?
The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.The business can use the easement if it was granted the use of that easement in their deed.
Easement by prescription?
A prescriptive easement is an easement created from an open, adverse, and continuous use over a statutory period. If you have ever heard of adverse posession, it is essentially the same thing except that it creates an easement as opposed to someone acquiring the title to land. In some states (such as MA) the law also requires that the continuous use be "exclusive", meaning that only the person claiming the easement by prescription has been using it during the statutory period, not just everyone who comes along. Also, a prescriptive easement may be defeated if the landowner occasionally blocks the access to everyone. That way, anyone who incorrectly believes he or she has a right to go across the land will discover it is not true.
What rights do you have to a part of your property which is a temporary turn around easement?
If you purchased property that is subject to a temporary turn-around easement there should be a time limit also included in that reservation. Until the time has passed and the easement is extinguished you must allow anyone with a right to use the easement unimpeded access. You can't block access or use the land for any other purpose until the easement has expired.
What is a private nonexclusive easement?
An "easement" is a legal right to use the property owned by another person (i.e. the person who granted the easement). An easement is usually created by a recorded document, whether a deed or an easement agreement. The purpose of the easement (for example, a driveway or a walking path) is whatever permitted use is stated in the easement document. The fact that the easement is "perpetual" means that the easement has no term and will continue indefinitely. An easement that is "non-exclusive" simply is an easement that someone else may also use. This might mean the person who granted the easement or whoever else may be identified in the easement document. The easement document should state who else may use the easement. A perpetual easement usually "runs with the land", meaning that the easement continues in effect regardless of whether the property benefited by the easement is sold or if the property burdened by the easement is sold.
May children play on an easement without violating the terms of the easement?
It really depends on the nature of the easement. And the nature of the easement depends on the terms of the easement. Appart from state law which generally defines an easement, the terms of the individual easement usually limit the usage of the easement property...or rather subject the holder of the rest of the property and what is left after the use of the easement to what can and cannot be done on/with/to the land/sky/land beneath the easement. (It is convenient to see an easement as an area with clear boundries, most of the time; however, easements are really rights to use the area a certain way in opposition to the holder of all the other rights to do with it as he pleases.) You really have to know the terms of the easement.
Can you use your own land inside not blocking an easement?
Yes. As long as you do not impede the easement rights of the owner of the easement.
Answering This is about land right aways this lane is the only way into this property for at least 100 years now there is a question about legal access nothing at the court house showing anything but?
There could be 2 issues here. An easement of necessity and an easement by prescription. An easement is the right to use another's property for some specific and limited purpose without giving any possessry rights on the land covered by the easement. A common public policy in some, but not necessarilly all, states is that no land shall be made unusable because of lack of access. If a particular piece of property is surrounded by other lands so that the owner must commit a trespass to get to his/her own lands, the law implies an easement of necessity to permit that owner to cross another person's land. The easement will generally not be conferred by a court if there is some other access. The easement is not given just because that route is the easiest access there has to be a necessity for it. The second issue arises from the use of the access route for over 100 years. In some, but again, not all, states, if a property owner has been using an abutting property owner's property as an access route to his own property, whether necessary or not, there may be an easement by prescription. Such an easement could be imposed if the abutting owner knows the first owner is using the property as an access route without the abutting owner's permission and if the abutting owner does nothing to stop it, an easement by prescription could be imposed by a court. Generally there must be a certain period of time the route has to be used before there is such an easement. In New Jersey it is 20 years. Each state might have different requirements to prove an easement by prescription. Whether the situation in the questioner's situation creates either easement depends strictly on the facts and the law of that state.
If you have permission to hunt can you use a perpetual easement to get to property?
First, a landowner's verbal permission to hunt their property can be withdrawn at any time, for any reason. You should get it in writing. Also, you should inquire about legal access to the property when you discuss permission with the landowner. If the owner has legal access via an easement and permits you to use their land then you can also use their easement for access. If the easement you refer to is owned by someone else then you need their permission to use it.
If a utility easement is granted to the power company can other utilities use that same easement without the power company's permission?
No. Also, other utilities can't use the easement unless that right was granted in the original instrument that granted the easement.
What is the statutory period for claiming a prescriptive easement in Massachusetts?
MGL Chapter 187: Section 2. Easements by prescription "No person shall acquire by adverse use or enjoyment a right or privilege of way or other easement from, in, upon or over the land of another, unless such use or enjoyment is continued uninterruptedly for twenty years."
