Virginia Easement By Prescription
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FAQ
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.
The term easements by prescription implies to the acquisition of a title or right by the owner of a property in a manner prescribed by law. A person may acquire property or certain rights over a property by showing that he or she has been in possession of the property or enjoying rights for a long period of time.
Prescriptive easements. A prescriptive easement operates under the presumption of a grant that arises after a long, continuous, adverse, open use of a right2010of2010way over someone else's property. The benefit of this type of easement is that it is not limited to lands which were formerly part of the same grant.
While a prescriptive easement over registered land does not need to be completed by registration to take effect at law, there are advantages to registration, which include the notification of third parties of the easement where its existence is not obvious on an inspection of the land.
Acquisition of easements by prescription Therefore, if there is a need to prove its title after prolonged, uninterrupted and continuous occupation or to exercise certain rights over real estate it will cause hardship and will cause injustice. The law, therefore, recognizes an easement by prescription.