Also known as: Longa possessio jus parit · long possession begets right · prescription
Written by attorneys — see sources below.
A principle that long-continued adverse use of land creates an easement by prescription. The use must be continuous and uninterrupted for the statutory period and not made in subordination to the owner.
Lily Lopez crossed a footpath over Leah Lamb's vacant lot every day for the full statutory period without interruption or permission. The maxim operates because the use satisfied the continuous and uninterrupted requirement, so an easement by prescription arises in Lily's favor.
Lorenzo Lugo bought a lot in a new subdivision whose recorded declaration imposed a shared driveway servitude on every parcel. The maxim operates because the conveyance of lots subject to the recorded plan created the servitude by prescription requirements being met through the general-plan mechanism.
Lena Lawson used a footpath across her neighbor's vacant parcel daily for the statutory period. The maxim operates because the use was continuous, adverse, and uninterrupted, ripening into a prescriptive easement despite later objections.
Luis Lopez used a driveway across Lillian Locke's land adversely for the full period. The maxim operates because the benefit of the prescriptive easement accrues not only to Luis but also to others who share interests in the dominant land.
Loyal Insurance's client crossed a path over adjacent land for decades without permission. The maxim operates because the extended adverse use satisfied all prescription elements and created an enforceable easement.
Linden Bank maintained a drainage pipe across Lexicon Media's property for decades without challenge. The maxim operates because the extended period of adverse use ripens into a prescriptive right that prevents the servient owner from later asserting a trespass claim.
Sibbach initiated an action in the United States District Court for the Northern District of Illinois seeking damages for bodily injuries that occurred in Indiana. Wilson & Co. filed an answer denying the complaint's allegations and moved for an order compelling Sibbach to undergo a physical examination by a court-appointed physician to assess the nature and extent of her injuries. The district court granted the motion and directed Sibbach to submit to the examination. Upon Sibbach's refusal to comply, Wilson obtained an order requiring her to show cause why she should not be held in contempt. Sibbach responded by contesting the court's authority to issue the examination order, pointing out that Indiana courts permitted such orders while Illinois courts did not, and that neither state had a governing statute. The district court found Sibbach in contempt and ordered her committed until she obeyed the examination order or was otherwise discharged. Sibbach appealed the contempt adjudication to the Circuit Court of Appeals, which affirmed the judgment. The Supreme Court granted certiorari because of the importance of the question involved. The proceedings centered on Rules 35 and 37 of the Federal Rules of Civil Procedure, which had been promulgated pursuant to congressional authorization in the Act of June 19, 1934.
View caseThe use must be adverse, continuous, and uninterrupted for the full statutory period of prescription. It must also not be made in subordination to the owner of the servient land.
Yes. The benefit may accrue to the adverse user alone or to the adverse user together with others who hold interests in the dominant land.
Yes. A servitude is created by prescription when the requirements set out in the applicable sections for prescription are satisfied.
…people of the same sex. Does it remove that issue from the political process? Of course not. It would be surprising to find a prescription regarding marriage in the Federal Constitution since, as the author of today’s opinion reminded us only two years ago (in an opinion joined by the same Justices who join him today):…