Table of Contents
- What Are Netting Escrows & How Does It Work?: The Best Guide - January 2, 2024
- The Secret About Prescriptive Easement: Top Guide 1 Must Know - December 4, 2023
- About Home Equity Loans In Texas And How Can One Obtain It - November 27, 2023
About Prescriptive Easement in Real Estate
One of the most important processes while buying a new home is a title search. The title search can help you understand many aspects of the property in terms of past homeownership and easement rights on the property.
When it comes to easement rights, there could be many variants available. In this post, we will understand what is an easement by the perception in detail.
What Is Prescriptive Easement?
The prescriptive easement also called an easement by prescription, is a legal agreement that gives one person access to another person’s property for a specific reason.
Prescriptive easement occurs when a person repeatedly and openly use a portion of another person’s property without the homeowner’s permission. Using the principle of adverse possession, the easement by prescription is formed.
The years and circumstances of such easements are specified by the state statutes. The creation of an easement by prescription may be sufficient if the use meets the needs of the service and demonstrates the continuity of purpose.
What Are The Requirements For Prescriptive Easement?
Several requirements must be met to grant this type of easement. Use of an easement must directly infringe the rights of the original property owner and must be done without the consent of the landowner.
If the landowner has the authorization to use the land, it would not be considered an adverse possession.
There must be evidence of continuous, uninterrupted use within the period established by state guidelines. The continuity criteria will not be met if use is too infrequent for a reasonable owner to object.
In general, all real estate occupations must be:
- Continuous:
All elements must always be met within the legal period (this period is
determined by the state). - Practical:
A person seeking adverse possession must also have physical possession. - Hostility:
Anyone looking for adverse possession does so without the owner’s consent.
Adverse possession is not needed if the landowner has provided consent. - Exclusive:
The property can only be occupied by an individual looking for adverse
possession. - Open
and Notorious: Anyone looking for adverse possession should own them
clearly and visibly.
All these conditions must be met for this type of easement
granted by adverse possession.
Is It Good Or Bad To Have A Property With Prescriptive Easement?
Based on how you define good and bad, the use of prescriptive easements is generally justified. They reduce conflicts with neighbors. Let’s say you have a road pass that crosses your neighbor’s property to get to your house. You can continue to use the property with this type of easement.
If you own land or buy a home with an easement, it may not be what you want. Even if the land is sold, the easement remains. This can reduce the value of the property, which can be an advantage when buying a property, but a loss when selling it.
What Are The Ways To Avoid Prescriptive Easements?
It is easier to avoid prescriptive easements than to eliminate them. There are two ways that homeowners or new home buyers can avoid this. The easiest way is to prevent intruders from using your property in the first place.
If you are concerned about students crossing your building when a school opens in your neighborhood, you can install a fence to prevent a right-of-way.
Another way to avoid going to court is to give consent to people using your property. Write “private property“.
The cross-border authorization may be revoked at any time.” This invalidates this type of easement requirement that uses is hostile or adverse.
Conclusion
Buying a home is one of the biggest financial decisions that one might have to take.
If the property that you are buying has a prescriptive easement, check if you are comfortable with the same. If you are not, you might want to reconsider your option to buy that property.
Get in touch with your trusted real estate agent to understand more about this type of easement.
