Prescriptive Easement In Virginia

State:
Maryland
Control #:
MD-JB-048-12
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PDF
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A12 Judgment of Prescriptive Easement Dimensions and Injunctive Relief
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FAQ

Unless otherwise provided for in the terms of an easement, the owner of a dominant estate shall not use an easement in a way that is not reasonably consistent with the uses contemplated by the grant of the easement, and the owner of the servient estate shall not engage in an activity or cause to be present any objects ...

Customary easements are acquired by virtue of local custom. Prescriptive easements are acquired on proof of peaceable enjoyment for twenty years.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

Essentials of easement by prescription Peaceably enjoyed. The Indulgence should be without any violence and that should not be subjected to the frequent quarrels or physical or any legal obstruction by the owner. ... Openly enjoyed. ... As of Right. ... Without interruption.

Prescriptive easements arise from continuous use of a particular area for a particular purpose for a requisite period with knowledge and acquiescence of the owners.

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Prescriptive Easement In Virginia