Also known as: prescriptive acquisitions · acquisitive prescription · prescription
Written by attorneys · grounded in primary & secondary sources — see below
An acquisition of an interest in land by open, notorious, adverse, and continuous use for the period fixed by local law. The use must remain uninterrupted and not subordinate to the owner's rights throughout the prescriptive period.
Perry Pratt walked daily across Priscilla Parks's vacant lot to reach a public road. He did so openly for the full prescriptive period without any break or permission from Parks. The court recognized prescriptive acquisition of an easement because the use satisfied the requirement of continuous and uninterrupted passage.
Phoenix Technologies conveyed lots in a new subdivision. A buyer later crossed common areas daily for the full prescriptive period without permission or recorded rights. The court recognized prescriptive acquisition of an easement because the use met all statutory elements despite the recorded plan.
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Patricia Patel crossed a strip of land owned by Philip Powell to reach her garage. Two neighboring parcels also used the same strip for access during the prescriptive period. The benefit of the resulting easement accrued to Patel and the other users alike.
Phoebe Park used a footpath across Priya Prasad's property for the statutory period. When Park sold her land, the buyer continued the identical use. The easement created by prescription passed with the dominant estate to the successor in interest.
Prime Logistics trucks crossed Prosperity Investments' vacant parcel daily for the full prescriptive period. The use was open and without permission. The resulting easement attached to the logistics company's adjacent parcel and bound future owners of the servient land.
A museum openly used a footpath across adjacent land for the number of years required under local prescriptive acquisition rules. No claim was asserted during that time. Title to the easement vested in the museum by operation of the doctrine once the period elapsed.
The use must be adverse, open and notorious, continuous, and uninterrupted for the full period fixed by local law. Each element is measured against the owner's rights in the servient land.
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No. The benefit may accrue to the adverse user alone or to the adverse user together with others who share the use during the prescriptive period.
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Prescriptive acquisition arises solely from long-continued adverse use that meets the statutory period. It does not require a writing, agreement, or necessity, and it is governed by the rules for prescription rather than the statute of frauds or implication doctrines.
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Yes, provided privity exists between the successive adverse users. The periods of use may be added together when the required relationship is shown.
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…e.g., 42 U. S. C. §6294 (requirements for content that must be included on labels of certain consumer electronics); of prescription drugs, e.g., 21 U. S. C. §353(b)(4)(A) (requiring a prescription drug label to bear the symbol “Rx only”); of doctor-patient confidentiality, e.g., 38 U. S. C. §7332 (requiring…