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November 23, 2018

Adverse Use


Word of the day

Adverse Use

The prescriptive acquisition of the right to a limited use of another’s land; for example, a pathway easement across another’s property. To acquire an easement by adverse use, the claimant must generally satisfy the same requirements as those for adverse possession, including the prescriptive period. Whereas most easements cannot be lost by mere nonuse, an easement created by adverse use can be terminated by nonuse for the prescriptive period of adverse possession.

 

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