What is a prescriptive easement?

A prescriptive easement is a type of access rights that allows for passage across an area of land. In Alaska, a prescriptive easement is acquired when an individual has used public or private land over a period of time for a “reasonably apparent, continuous, and uninterrupted” purpose. This use must be visible and obvious to landowners, and it must be exclusive and adverse to the title holder. This means that the individual must use the land as if they owned it. In these cases, a prescriptive easement does not need permission from the landowner to be established. The individual who is accessing the land must demonstrate that they have been using the land in this way for five years continuously. This period of time is known as the “statutory period.” There are several requirements that must be met in order for a prescriptive easement to be established. For example, the individual must have an agreement with the title holder or make a claim that the use has been openly acknowledged or tolerated by the owner. If the individual is successful in their claim, the court may establish a prescriptive easement that gives them certain rights to use the land, such as accessing the property and using it for certain purposes. A prescriptive easement may also restrict the rights of the landowner to do certain things on the property. This type of easement can be established in Alaska and is considered a valuable form of property law.

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