How does a prescriptive easement work? How is an easement by prescription different than an easement? This video teaches everything about prescriptive easements for the real estate exam.
🏠📝✅ Join our exam prep and real estate crash course: https://bit.ly/3NuSzz7

A prescriptive easement is a right to use someone else's land based on the party's continual usage of that land. In other words, if someone uses another person's land and meets the specific requirements, they can get a prescriptive easement to lawfully use the land as they have been.

So, what are those requirements?

The requirement of a prescriptive easement is to use the land continuously and uninterrupted for 5-years while being open and notorious about it with hostility.

Hostility in this case means that nobody has told the party not to use the land. It does not mean being combative or aggressive about using the land.

So long as the party is able to prove that they have done this, then they can create a prescriptive easement on the property.

So how is this different from adverse possession?

For those of you who do not know what adverse possession is, it is the occupation of someone else's land with the intent to possess it. In other words, someone can take another person's land by meeting specific requirements.

These requirements follow are the exact same as the prescriptive easement requirements, except the party claiming the property must also pay the property taxes.

These two concepts are both similar to each other and are both important vocabulary words to know when you take your real estate exam.

Chapters:
00:00 - Why it's important to know what a prescriptive easement is
00:14 - What is an easement?
00:34 - Easement example
01:04 - What is a servient tenement?
01:12 - What is a dominant tenement?
01:20 - What is a prescriptive easement?
01:27 - Prescriptive easement example
02:19 - What are the prescriptive easement requirements?
03:38 - What is adverse possession?
03:48 - What are the adverse possession requirements?
04:36 - What is an encumbrance?

#realestateterms #realestateexam #prescriptiveeasement