What is a Prescriptive Easement?

How does a prescriptive easement work? How is an easement by prescription different than an easement? This video teaches everything about prescriptive easements for the real estate exam.

A prescriptive easement is a right to use someone else's land based on the party's continual usage of that land. In other words, if someone uses another person's land and meets the specific requirements, they can get a prescriptive easement to lawfully use the land as they have been.

So, what are those requirements?

The requirement of a prescriptive easement is to use the land continuously and uninterrupted for 5-years while being open and notorious about it with hostility.

Hostility in this case means that nobody has told the party not to use the land. It does not mean being combative or aggressive about using the land.

So long as the party is able to prove that they have done this, then they can create a prescriptive easement on the property.

So how is this different from adverse possession?

For those of you who do not know what adverse possession is, it is the occupation of someone else's land with the intent to possess it. In other words, someone can take another person's land by meeting specific requirements.

These requirements follow are the exact same as the prescriptive easement requirements, except the party claiming the property must also pay the property taxes.

These two concepts are both similar to each other and are both important vocabulary words to know when you take your real estate exam.

Chapters:
00:00 - Why it's important to know what a prescriptive easement is
00:14 - What is an easement?
00:34 - Easement example
01:04 - What is a servient tenement?
01:12 - What is a dominant tenement?
01:20 - What is a prescriptive easement?
01:27 - Prescriptive easement example
02:19 - What are the prescriptive easement requirements?
03:38 - What is adverse possession?
03:48 - What are the adverse possession requirements?
04:36 - What is an encumbrance?

#realestateterms #realestateexam #prescriptiveeasement

[yahairamolina]

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[keoniwatson]

DRE sent me an email stating that my application process can be anywhere between 4 - 12 weeks, so your videos help to keep material fresh. Keep them coming!

[valariemcneace]

This is Good Stuff!!..wow, u break this down so well!!..Light bulb moments!!..Thank U!!

[marshalkrieg]

I was about to check out a piece of rural acreage but the realtor just phoned to tell me that the property has a 'restrictive easement'....Im guessing he meant 'prescriptive' ...He also said the neighbor has been accessing the land for so long it went to court once and he prevailed, yet this 'restrictive easement' is not on the title/ deed. Are we talking about prescriptive easements here or something else ? And would this easement automatically convey to a potential new buyer (me) ? What could I do about it if I bought the land or should I just look elsewhere ?

[donmulder]

We bought a 4 acre home in 2020 with only public utility easements along the road and a stormwater easement at the front near the road for the county to access a storm water pipe that goes under the road. Our home is just under 3 years old. The new neighbors bought the house next door in 2021 and that house was built in 2010 (13 years ago). Today I noticed a corrugated plastic pipe sticking out of the ground into a stream that runs along my property. I assume it is a sump pump drain or down spout drain from the neighbor's house. The pipe exits into that stream about 30 feet into my property and is buried. I have never seen it before as it is now winter and the grass has died back. I am in the middle of installing a fence to mark the property line. It is possible also that the neighbors went in there and weed whacked that pipe which made it suddenly visible although this pipe is in a wooded area and in the ide of stream bank on the far side of some woods on my 4 acre property. My question is that since my state has a 15 year continuous use requirement for adverse possession, how likely is it that this corrugated pipe is an implied, prescriptive easement? I affirmed with my county courthouse the other day that there are no other publicly recorded easements. Can I legally tell them to relocate his pipe 30 feet to their side of the property line? They have access to the same stream on their side of the property line just a few feet away as well - in fact my pipes drain in my yard and I have the stream on my land.

[thanhdang]

So Adverse Possession is House B (in the back) pay the taxes minimum 5 years for House A (in the front, next to the pond) to qualify own that Easement OR opposite (House A pay their taxes) ?

[chrisx]

so after 5 years house b makes an easement to cross through house A land to get to the lake. can house A put up a fence to stop house b to cross through. anyway to stop that

[zibtihaj]

How did he pay the taxes on the property? And why would he do that ? Weren’t they paid by the owner ?