Drainage Easement By Prescription

State:
New Jersey
Control #:
NJ-EAS-2
Format:
Word; 
Rich Text
Instant download

Description

An absolute and exclusive easement, in perpetuity, for discharge onto and conveyance of surface and storm water.


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.

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FAQ

A prescriptive easement is a permanent legal right to use the real property belonging to another person, and is a form of adverse possession. It is created, not in a deed or other transaction, but by conduct: the open and hostile use of another's property for a continuous period of at least 10 years (i.e., the New

All statements of truth or statutory declarations drawn up for the purposes of a prescriptive easement application should either: include a statement that, to the best of the knowledge and belief of the declarant or person making the statement, the right has always been exercised without force, secrecy or permission.

In California, a user of land may establish a prescriptive easement by proving that his or her use of another's land was: (1) continuous and uninterrupted for five years; (2) open and notorious; and (3) hostile.

When a person uses land in a manner in which he does not recognize the rights of the land's true owner. Continuous Use: The use, in addition to being adverse, must be continuous and uninterrupted to establish and easement by prescription.

There are also what are known as prescriptive easements, which come about when an individual uses another person's land a certain way for a certain amount of time. In Florida, prescriptive easements only exist under the common law and not by statute, unlike express or implied easements.

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Drainage Easement By Prescription