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A short form agreement granting an easement interest in real property for the benefit of another parcel of real property. This form of easement agreement is a jurisdictionally neutral multistate template that can be used in all jurisdictions.
Prescriptive Rights are water use rights gained illicitly that evolve into a title. Typically this occurs with rights to chronically overdrafted groundwater basins gained through trespass or unauthorized use. In California, the California Supreme Court developed the doctrine of prescriptive rights in 1949.
The crucial difference between adverse possession and prescriptive easement is that in the case of prescriptive easement, the use of the property is not exclusive to one party. Furthermore, prescriptive easement does not grant title to the land in question, but merely grants certain rights to that land.
A prescriptive easement is the acquisition of a legal right through long use or enjoyment. A legal easement can be granted by express grant (deed of grant, conveyances and transfers etc), or acquired through the common law, by lost modern grant or under the Prescription Act 1832.
An easement is an interest in land belonging to another person, so that the easement owner has a limited right to use or enjoy the other person's property. Common easements include rights of way for access, or the right to cross property (including easements for utility service or water conveyance).
The legal situation may not bother some people, but for others, it may. Most of the time, a property owner cannot block an easement that has already existed in the property's deed. When the property owner contests the easement's boundaries, a reputable local company in California can conduct a property survey.
The most common are an express grant by deed ? in other words, when land is transferred or a lease granted, the transfer or lease can provide for the new owner to enjoy a right over the land retained by the seller or landlord. A right of way can also be agreed between two landowners in a Deed of Easement.
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.