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. 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. 
1. The acquisition of title by adverse possession.
3. The acquisition of incorporeal hereditaments by an adverse user. 
Excerpt from J.H. Miller, A Handbook of Prescription (1893):
“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.” 
1. Expressing what must or should be done <prescriptive legal instruments>.
2. Based on or determined by ancient custom or long-standing use; having existed for so long as to have become a matter of right. <prescriptive easements>. 
1. Pertaining to or created by prescription. 
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.
prescription acts – statutes establishing the periods of time required for various rights or titles to be acquired by prescription
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
: 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
: J.H. Miller, A Handbook of Prescription 1 (1893)
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