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How does an easement by prescription differ from adverse possession?

User Ammouna
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Final answer:

An easement by prescription grants a right to use another's land for a specific purpose after continuous and open use without permission for a legally defined period, while adverse possession can lead to ownership of the land after satisfying certain conditions over a statutory period.

Step-by-step explanation:

An easement by prescription and adverse possession are both ways by which a person can gain the right to use or own land that is not originally theirs, but they operate under different legal principles. An easement by prescription allows a person to gain a right to use a portion of land owned by another person if they have used it openly, continuously, and without the owner's explicit permission for a period specified by law.

This does not grant ownership, but rather a right to use the land for a specific purpose. In contrast, adverse possession allows a person to gain legal ownership of a piece of property if they possess it openly, continuously, exclusively, and adversely to the interests of the original owner for a statutory period.

For instance, if someone has been using a path through a neighbor's property to reach the beach for a number of years without interruption, they may be entitled to an easement by prescription to continue using that path. This is different from adverse possession where a person may claim ownership of a piece of property if, for example, they have been living on and maintaining the property as if it were their own for a long enough period and meet the other criteria set by law.

User Bjan
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