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An implied easement is an easement created not by express grant, but instead one implied by law when certain conditions are satisfied. In this situation, the landowner of a servient estate does not have to agree to give an easement. Instead, the law will imply an easement exists.
A prescriptive easement (or easement by prescription) is a right of access over another's property acquired through the claimant's adverse actions taken ?under color of law.? The adverse actions must persist continuously for at least 10 years.
For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.
Nonetheless, a prescriptiveeasement can be terminated by the servient tenement by adverse possession. ingly, although a prescriptive easement may transfer with the sale of the property, certain circumstances could cause a prescriptive easement to thereafter terminate.
An easement is a legal right to use someone else's land for public or private purposes. While many easement agreements are written into the property records, that is not always the case. Some easements can be obtained through other means.
In order to obtain a prescriptive easement, the person claiming the easement must prove that he or she has used the easement for at least 10 years and the use was: (1) open and notorious; (2) continuous; (3) exclusive; and (4) adverse.
Competing Easement Rights 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.