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What is the statutory period for claiming a prescriptive easement in Brooklyn New York?
In Brooklyn, New York, the statutory period for claiming a prescriptive easement is typically 10 years. This period requires that the use of the property be continuous, open, notorious, and adverse to the interests of the property owner. If these conditions are met for the full 10 years, a claimant may be able to establish a prescriptive easement. It is advisable to consult with a legal professional for specific cases and nuances.
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.
Can you sell a property with a prescriptive easement?
Answer: A "prescriptive easement" would run with the land and could not be conveyed separately.
If a property owner granted a utility company an easement after decades of licensed use does recording of the easement eliminate any prescriptive claims?
There would be no prescriptive claims in any case: licensed use is not hostile and a recorded easement presumes fair consideration.
How to prevent a prescriptive easement on my driveway which abuts neighbors easement?
Prescriptive easements are similar to the concept of adverse possession. A prescriptive easement can only be created if the other party is using your property without your consent, that use is continuous, and it is "open and notorious" and adverse to your claim of perfect title for the statutory period, which varies from state to state but is usually at least a few years. Then the other party would have to sue to quiet the title to the easement in their favor. So, all that mumbo-jumbo aside, just don't let a neighbor use your property. Let them know if they are using your property and you are unhappy with it. If you are civil, most folks are willing to be amicable. If the use continues, consult an attorney about your best course of action.
What is the statute of limitations regarding 'easements by prescription' in Indiana?
A quick check for information regarding prescriptive easements in Indiana yielded the following case. The section that recited the statutory period required to establish a prescriptive easement (20 years) is provided below. PAUL WILFONG vs THE CESSNA CORPORATION IN THE COURT OF APPEALS OF INDIANA No. 47A01-0310-CV-406 August 3, 2004 "Prescriptive easements are not favored in the law, and in Indiana, the party claiming one must meet stringent requirements. Corporation for General Trade v. Sears, 780 N.E.2d 405, 410 (Ind. Ct. App. 2002). In order to establish the existence of a prescriptive easement, the evidence must show an actual, open, notorious, continuous, uninterrupted, adverse use for twenty years under a claim of right, or by continuous adverse use with the knowledge and acquiescence of the servient owner. Bauer v. Harris, 617 N.E.2d 923, 927 (Ind. Ct. App. 1993)."
If applying for an easement over your land by precription and has sold property whilst dispute is on does that make claim nul and void?
If you are the one who has filed a claim for a prescriptive easement over another person's property you should have recorded a notice of your claim in the land records. That notice is called a lis pendens. If someone has filed a claim to acquire a prescriptive easement over your property you must let a buyer know of the claim if you know about it. You should seek the advice of an attorney.
What is a dedicated easement?
A dedicated easement is a legal right granted to a specific party to use a portion of another person's property for a particular purpose, such as access or utility installation. This easement is formally established through a legal document and is typically recorded in public records. Unlike an implied or prescriptive easement, a dedicated easement is explicitly defined and recognized by the property owner, ensuring that it remains in effect even if the property changes hands.
Does Massachusetts honor easement by prescription?
Yes. However, the easement would need to be perfected by a court order.Yes. However, the easement would need to be perfected by a court order.Yes. However, the easement would need to be perfected by a court order.Yes. However, the easement would need to be perfected by a court order.
Can a property easement be removed from a deed?
You can't have an easement removed from your land. You purchased the land subject to the easement because a prior owner granted another party some sort of rights in your land. The only way to remove the burden of an easement is to obtain a release in writing from the owner of the easement and then record the release in the land records. If the easement is used for access, it cannot be removed. Evidence of an easement can be removed from the deed description for land, however, removing the language from the deed will not affect the easement right. The easement will be disclosed during a title examination. In Massachusetts if the instrument that created the easement appears in the chain of title then it encumbers the property whether or not the easement is recited in subsequent deeds. That is a major reason to have a title examination performed by a professional. The title exam reveals encumbrances that are not recited on the deed and must cover a period of 50 years in. That period varies from state to state.
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.
Does access to an easement have to be provided if so isn't that another easement?
Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.Access to an easement is usually provided in the document that granted the easement. There would be no point in granting an easement right that cannot be used.
