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Real Estate Practice : Lesson 2690

By
Industry Observer TN LIC# 290452

#2690

An owner of a parcel of real estate allows a trespasser to continue trespassing on the land and takes no action against the trespasser throughout a statutory period.

The trespasser can inevitably gain the legal right to continue trespassing or using the property under the right of what is called an easement by necessity.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

wildlife

A. False

The right is called an easement by prescription.

An easement by necessity allows the total enjoyment of the land under law.

An easement by prescription is acquired through the hostile, open and continuous use of property over a period of time specified by law.

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Comments(8)

Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Oops, I knew they had the right, but didn't read it properly. I guess they have the right due to "prescription."

May 05, 2014 07:30 AM
David Saks
Memphis, TN
Broker / Industry Analyst

Doctors orders, Jane

Nice to hear from you. Hope all is well in Hollywood !

May 05, 2014 03:45 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Darn, I was hoping to be able to claim that million dollar waterfront home.

May 05, 2014 09:40 PM
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

David, we all know the consequences but sometimes don't remember the correct label.  Thanks for the refresher!

May 06, 2014 08:33 AM
David Saks
Memphis, TN
Broker / Industry Analyst

Me too, Gabe :-)

May 06, 2014 12:14 PM
David Saks
Memphis, TN
Broker / Industry Analyst

Most welcome, Silvia. Thanks for stopping by.

May 06, 2014 12:15 PM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Good Morning, David. We have that easement by prescription here in Texas too. Land owners certainly need to be aware of it by any trespasser.

May 07, 2014 12:02 AM
David Saks
Memphis, TN
Broker / Industry Analyst

Good to hear from you, Jerry.

May 07, 2014 04:04 AM