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Boundary disputes between property owners are one of the more contentious and well-litigated areas of real property law. These disputes often involve prescriptive rights under which an adjacent property owner will claim rights over another owner’s real property that do not derive from an express grant of easement. Prescriptive rights arise from the specific facts relating to the adjacent property owner’s history of the use of the claimed easement. Part of the determination of those facts includes whether the use establishes an exclusive easement or non-exclusive easement. In order to understand when prescriptive easement rights may arise and whether they are exclusive or non-exclusive, it is necessary to understand the basics of interests in real property.
January 5, 2016
The terms easements and licenses are sometimes used interchangeably by laypersons and lawyers alike. Easements and licenses, however, represent very different and distinguishable rights.
April 29, 2015
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