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prescription :: legal definition


Prescription - n. the method of acquiring an easement upon another's real property by continued and regular use without permission of the property owner for a period of years required by the law of the state (commonly five years or more). Examples: Phillip Packer drives across the corner of Ralph Roundup's ranch to reach Packer's barn regularly for a period of ten years; for a decade Ronald Retailer uses the alley behind Marjorie Howard's house to reach his storeroom. In each case the result is a "prescriptive easement" for that specific use. It effectively gives the user an easement for use but not ownership of the property.

See also: prescriptive easement and Related Law Terms ↓


Related Law Terms

abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
appurtenant :: adj. pertaining to something that attaches. In rea ... t. See also: easement real property
common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests.
conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure.
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion
prescriptive easement :: n. an easement upon another's real property acquir ... on. See also: easement prescription
private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement
public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation
seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement
spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander
panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire
paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto
parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.