The term continued use refers to the ongoing and uninterrupted use of a property, which can lead to the establishment of legal rights over that property. In real estate, this concept is significant because it can create rights that were not initially present, such as through adverse possession or prescriptive easements.
Continued use is primarily relevant in real estate law. It is commonly invoked in cases involving:
Individuals can manage these situations using legal forms available through platforms like US Legal Forms, which provide templates drafted by attorneys for various real estate matters.
Here are a couple of examples of abatement:
Example 1: A person has been using a path across a neighbor's property for over twenty years without the owner's permission. This continuous use may allow them to claim a prescriptive easement.
Example 2: A homeowner occupies a vacant lot next to their property for more than the required period defined by state law, potentially allowing them to claim ownership through adverse possession (hypothetical example).
Various state laws govern the specifics of continued use, particularly regarding adverse possession and prescriptive easements. For instance, Maine law requires continuous use for at least twenty years to establish a prescriptive easement under 14 M.R.S. § 812.
Examples of state differences (not exhaustive):
| State | Adverse Possession Period | Prescriptive Easement Period |
|---|---|---|
| Maine | 20 years | 20 years |
| California | 5 years | 5 years |
| Texas | 10 years | 10 years |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Adverse Possession | Acquiring ownership of land through continuous use. | Requires a specific period of use and hostile occupation. |
| Prescriptive Easement | Gaining a right to use another's land without ownership. | Does not grant ownership, only usage rights. |
If you believe that continued use applies to your situation, consider the following steps:
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Adverse possession grants ownership of the land after a specified period of continuous use, while a prescriptive easement only grants the right to use the land without ownership.