Anchorage Alaska Easement (Corporate/Partial Property)
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FAQ
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.
Prescriptive easements where rights have been used for over 40 years also take effect as legal easements but again this is rare. If servient land is registered then the legal easement must be registered otherwise it will be an equitable interest only.
A prescriptive easement allows someone other than the original property owner to gain the rights to use a property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by a neighbor.
A prescriptive easement is a legal right enjoyed over another's freehold property and which is obtained through long use. It is similar to adverse possession, but in this case relates to a right to use another person's property in a particular way rather than claiming ownership of the land.
The most common types of easements in real estate are those that grant road or utility access. Easements are designed to continue indefinitely, but they can be ended in certain circumstances.
What Is An Easement In Real Estate? An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land. Easement itself is a legal term for a type of property right held by the users of the easement.
There are four types of easements that might apply to your property, which can include express easements, implied easement by existing use, easement by necessity, and prescriptive easements.
17b Easements are rights reserved under the Alaska Native Claims Settlement Act to provide access to public land across Native private land. These easements are reserved when the land title is transferred. The BLM must follow specific guidelines when reserving these easements.
A party claiming a prescriptive right has to prove not only long user, i.e. that the right has been exercised for 20 years or more, but also that the use has been ?as of right?. ?As of right? means, in Latin, nec vi, nec clam, nec precario.
650. The easement of right of way shall be established at the point least prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest.