An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Prescriptive Easement Examples
State:
Florida
Control #:
FL-EAS-2
Format:
Word;
Rich Text
Instant download
Description
Granted by landowner to a designated city for general purposes.
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How to fill out Florida Easement Dedication?
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FAQ
Easement cases Goldberg v Edwards [1950] Ch. 247. Hill v Tupper (1863) 2 H & C 121. Rance v Elvin (1985) 50 P&CR 9. Wheeler v Saunders [1994] EWCA Civ 3. Wong v Beaumont Property [1965] 1 QB 173.
Other common examples of easements are phone, gas, and power lines. In addition, sewage and water pipes are also common types of easements that are installed on private property. There are four types of easements in California: express, implied, easements by necessity, and prescriptive easements.
Prescriptive Easements Right must have been independently enjoyed without any agreement with the servient owner, Must be enjoyed openly, peacefully and as of a right without any interruption for a continuous period of 20 years and in respect of any government land the period of non-interruption shall be 30 years.
For example, if Will owns 100 acres of land and grants 20 acres of that land to his son, Steve, that acreage has no road access. Steve would be able to claim an easement by necessity across Will's property to access the road.
Easement by prescription is 'acquired' by 'prescriptive' user. It should not have been by permission or agreement. In case of easement, law requires pleading and proof ? that the right claimed was enjoyed independent of any express permission (Bachhaj Nahar Vs. Nilima Mandal, AIR 2009 SC 1103).