Prescriptive easement definition

Prescriptive easement means an easement in favor of an incumbent utility or communications
Prescriptive easement means an easement in favor of an incumbent utility or communications provider that is deemed to exist, without any requirement of adverse possession, claim of right, or exclusivity, when physical evidence, records of the incumbent utility, public records, or other evidence indicates that it has existed on the servient estate for a continuous period of 20 years or more, without intervening litigation during such period by any party with a title interest seeking the removal of utility facilities or reformation of the easement. The size of such easement shall be deemed to be the greater of the actual occupancy of the easement in the incumbent utility's usual course of business or 7.5 feet on each side of the installed facilities' center-line.
Prescriptive easement means a right to cross a railroad if the property of another is acquired by

Examples of Prescriptive easement in a sentence

  • Prescriptive easement Len will argue that he has an easement by prescription to enter Michelle's property and retrieve the dog from the patio.

  • Prescriptive easement law as method of acquiring public access to Maine’s shorelineIn general, the holder or owner of an easement is entitled to a limited use of land owned by another.

  • Drawings of temporary installation which will not be a part of the finished installation.

  • That the pharmacist should be concerned about anything other than filling an order safely and ac- curately was a revolutionary idea.

  • Parcel II: Prescriptive easement between Tracts 107-116 and 107-19, Cuyahoga Valley National Recreation Area, Summit County, Ohio, and as described in a certain construction, Operation and Reciprocal Easement Agreement dated as of December 29, 1986, by and between X.X. Xxxxx aka Xxxxxxxx X.

  • Prescriptive easement is a fundamental way to change or terminate an easement, versus private parties.

  • Capstar set forth four easement theories: (1) Express easement; (2) Implied easement; (3) Easement by necessity; and (4) Prescriptive easement.

  • Prescriptive easement rights may only be established after 20 years of continuous use.

  • A decision to approve the application for the minor use or minor species is not, implicitly or explicitly, a reaffirmation of the approval of the original application.

  • Prescriptive easement for utility wires includes right to clear trees under the wires.


More Definitions of Prescriptive easement

Prescriptive easement means a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a

Related to Prescriptive easement

  • Conservation easement means that term as defined in section 2140 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2140.

  • Descriptive literature means information provided by an offeror, such as cuts, illustrations, drawings, and brochures that shows a product’s characteristics or construction of a product or explains its operation. The term includes only that information needed to evaluate the acceptability of the product and excludes other information for operating or maintaining the product.

  • Utility easement means a right held by a facility operator to install, maintain, and access an underground facility or pipeline.

  • Landscaped area means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

  • Easement Agreement means any conditions, covenants and restrictions, easements, declarations, licenses and other agreements which are Permitted Encumbrances and such other agreements as may be granted in accordance with Section 19.1.

  • Easement Area means the area of the servient lot marked on the survey-strata plan as being subject to the relevant easement; and

  • Fixed term tenancy means a tenancy that has a fixed term of existence, continuing to a

  • Automobile Headliner Adhesive means an aerosol adhesive designed to bond together layers in motor vehicle headliners.

  • townsite in relation to the townsite to be established near the harbour means a townsite (whether or not constituted and defined under section 10 of the Land Act) primarily to facilitate the Company’s operations in and near the harbour and for employees of the Company and in relation to the mining areas means such a townsite or townsites or any other townsite or townsites which is or are established by the Company for the purposes of its operations and employees on or near the mining areas in lieu of a townsite constituted and defined under section 10 of the Land Act;

  • Nominal tomographic section thickness means the full width at half-maximum of the sensitivity profile taken at the center of the cross-sectional volume over which x-ray transmission data are collected.

  • Drainage area means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.

  • Deed Restrictions means the deed restrictions to be recorded with respect to the Land, which deed restrictions shall be subject to the Director's approval and shall be commensurate with the nature and purpose of the Land as stated in the Recipient's application for grant funds under Revised Code Sections 164.20 through 164.27. The Deed Restrictions shall be perpetual and shall not be amended, released, extinguished or otherwise modified without the prior written approval of the Director, in the Director's sole discretion, who shall have full enforcement authority, as set forth more specifically in Section IX of this Agreement.

  • Perimeter means the fenced or walled area of the institution that restrains the movement of the inmates.

  • Basement means any area of the building having its floor subgrade (below ground level) on all sides.

  • Sedimentation means a process for removal of solids before filtration by gravity or separation.

  • Erosion and sediment control plan means a comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.

  • Easement means an acquired legal right for the specific use of land owned by others.

  • Office use means a building housing a commercial use.

  • Long-term lease means a lease term of at least 27.5 years for a residential resource or at least 31.5 years for a nonresidential resource.

  • Landing area means that part of a movement area intended for the landing or take-off of aircraft;

  • Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

  • Parking No unreserved vehicle parking spaces ("Unreserved Parking Spaces"); and no reserved vehicle parking spaces ("Reserved Parking Spaces"). (Also see Paragraph 2.6.)

  • Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

  • Easements has the meaning set forth in Section 2.1.3.

  • Structural Term Sheets shall have the respective meanings assigned to them in the February 13, 1995 letter of Cleary, Gottlieb, Xxxxx & Xxxxxxxx on behalf of the Public Securities Association (which letter, and the SEC staff's response thereto, were publicly available February 17, 1995). The term "Collateral Term Sheet" as used herein includes any subsequent Collateral Term Sheet that reflects a substantive change in the information presented. "Computational Materials" has the meaning assigned to it in the May 17, 1994 letter of Xxxxx & Wood on behalf of Xxxxxx, Xxxxxxx & Co., Inc. (which letter, and the SEC staff's response thereto, were publicly available May 20, 1994). "Series Term Sheet" has the meaning assigned to it in the April 4, 1996 letter of Xxxxxx & Xxxxxxx on behalf of Greenwood Trust Company (which letter, and the SEC staff's response thereto, were publicly available April 5, 1996).

  • Caribbean Basin country construction material means a construction material that—