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A metal plaque on the sidewalk of New York City to declare that the crossing onto the private property is a revocable license to protect it from becoming an easement by prescription [13] Easements by prescription, also called prescriptive easements, are implied easements granted after the dominant estate has used the property in a hostile ...
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
If a trespass is actionable and no action is taken within reasonable or prescribed time limits, the landowner may forever lose the right to seek a remedy, and may even forfeit certain property rights in the case of adverse possession and easement by prescription. Trespass may also arise upon the easement of one person upon the land of another ...
An easement is a right of access that has been agreed-upon by the property owner, in writing, or mandated by a government decision. Perhaps the first owner of your house granted your neighbor ...
The easement contains pipes that supply water to 360,000 residents. The problem is that those pipes are now nearly 100 years old, so a rupture could happen at any time, resulting in untold damages.
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Such an action may also be brought to dispel a restraint on alienation or another party's claim of a nonpossessory interest in land, such as an easement by prescription. Other typical grounds for complaint include: adverse possession where the new possessor sues to obtain title in his or her own name;
In Nollan v.California Coastal Commission, 483 U.S. 825 (1987), the United States Supreme Court ruled that a California Coastal Commission regulation which required private homeowners to dedicate a public easement along valuable beachfront property as a condition of approval for a construction permit to renovate their beach bungalow was unconstitutional.
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