Prescriptive Easement For Drainage
Description
How to fill out Maryland Judgment Of Prescriptive Easement Dimensions And Injunctive Relief?
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FAQ
A prescriptive easement is a right of way over land claimed by way of adverse possession without title. A person or in this case a utility does not need to produce any legal documentation of their right to use the property.
Drainage easements allow for one lot to drain its storm water onto another or into a detention pond.
A prescriptive easement can be created by: Continuously using the property for 5 years; In a manner that is open, notorious, and clearly visible to the owner of the land; and. Hostile and adverse to the owner.
Thus, a party claiming the existence of a prescriptive easement must show evidence of (1) control; (2) intent; (3) notice; and (4) duration before a prescriptive easement is deemed existing.
Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no. In Virginia, a specific statute addresses this last point.