Civil Engineering Reference
In-Depth Information
Fig. 18.2
Overburdening an easement
of the dominant tenement were allowed to locate the right of way wherever she
desired. As long as the grantor locates the right of way in a reasonably convenient
location, the grantee will be required to use that location.
If the grantor fails to locate the right of way, then the grantee may fix the loca-
tion and width on the ground by continued use. Once the location is fixed by use,
neither the grantee nor the grantor can thereafter change the location unless both
agree on a new location.
18.5 Prescription
Prescription is the establishment of an easement, such as a right of way, by
adverse use. It is an exception to the Statute of Frauds. No writing is required to
acquire an easement by prescription. Prescription is much like adverse possession
except that in prescription the adverse party acquires no ownership interest in the
land. Only a right to use the land is acquired.
Prescription is the establishment of an easement, such as a right of way, by
adverse use.
