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Prescription



A method of acquiring a nonpossessory interest in land through the long, continuous use of the land.

Prescription refers to a type of easement—the right to use the property of another. It requires the use of the land to have been open, continuous, exclusive, and under claim of right for the appropriate statutory period. It differs from ADVERSE POSSESSION in that adverse possession entails the acquisition of title to the property, whereas prescription relates to a right to use the property of another that is consistent with the rights of the owner.



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Law Library - American Law and Legal InformationFree Legal Encyclopedia: Prerogative orders to Prohibition