prescription – the acquisition of title to a thing by open and continuous possession over a statutory period, or the extinction of a title or right by failure to claim or exercise it over a long period

     This page is continued from Property >>>> Tenancy >>>> Possession >>>> Adverse Possession:

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prescription:

1. The effect of a lapse of time in creating and destroying rights. 

2. The extinction of a title or right by failure to claim or exercise it over a long period. – aka negative prescription; extinctive prescription

3. The acquisition of title to a thing (especially an intangible thing such as the use of real property) by open and continuous possession over a statutory period. — aka positive prescription; acquisitive prescription.  [1]

1. The acquisition of an easement by adverse user under claim of right for the prescriptive period.  The acquisition of incorporeal hereditaments by adverse user. Plaza v Flak, 7 NJ 215, 81 A2d 137, 27 ALR2d 324.

A presumption of grant from long possession and exercise of right. 25 Am J2d Ease § 39.

In the broad sense of modern times, the gaining of a title by adverse possession. 3 Am J2d Adv P § 4.
     See municipal corporation by prescription. [2]

1. The acquisition of title by adverse possession.

2. The acquisition of an easement by an adverse user under a claim of right for the prescriptive period.

3. The acquisition of incorporeal hereditaments by an adverse user. [3]

    “Prescription— which originally signified any exception, but came latterly to be especially identified with the exceptio ratione temporis (“rule of exception due to a plea of freedom from claims in law, that plea being founded on a presumption of the pursuer’s consent and long period of having chosen not to object”)— is a plea which may be employed for the purpose either of extinguishing or of establishing a right of property.  The manifest desirability of ‘fixing and ascertaining property’, and of preventing forgeries, has procured it a place in the municipal code of all human societies.[4]

Related Terms:

title by prescription – a title acquired by prescription (or adverse possession). — aka adverse title; title by adverse possession.

negative prescription – extinction of a title or right by failure to claim or exercise it over a long period. — aka extinctive prescription.

positive prescription – acquisition of title to a thing by open and continuous possession over a statutory period. — aka acquisitive prescription.

period of prescription – the period fixed by local law as sufficient for obtaining or extinguishing a right through lapse of time, and other circumstances.

prescriptive right – a right obtained by prescription.

adverse user – the act of using real property in an “open, notorious, and hostile manner,” under a claim of right, contrary to the interests of the true owner.

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[4]: J.H. Miller, A Handbook of Prescription 1 (1893)

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