RealTown Words

Acquiring a right in property, usually in the form of an intangible property right such as an easement or right-of-way, by means of adverse use of property that is continuous and uninterrupted for the prescriptive period established by state statute. Use of land is adverse when it is made under a claim of right. Therefore, there is no adverse use if the owner has granted permission, if the user has paid for the use, or if the user has admitted that the owner has a superior right in the property.

Prescription is often used interchangeably with the term adverse possession, which more strictly refers to the acquiring of title to lands. As in adverse possession, the essential elements are that the prescriptive right be adverse, under claim of right, continuous and uninterrupted, open, notorious, and exclusive, with the knowledge and acquiescence of the servient owner, and continuing for the full prescriptive period. “Continuous” means that the property is used on a regular basis. There is usually no prescription against the state or against Torrens-registered property.