Lucas & Company, LLC

Equity Aids the Vigilant, Not Those Who Slumber on Their Rights

Lucas & Company, LLC

Rights-of-Way and Prescriptive Rights

Rights-of-Way and Prescriptive Rights – Half Day or Full Day (Nominally 4.0 or 8.0 Contact Hours)
When is a right-of-way simply a burden on the servient estate and when is it an outright estate in fee, separate and distinct from the servient estate? When and how do prescriptive easements arise and are there differences between prescriptive rights in the private and in the public context? In this program real property rights will be examined, generally, and non-possessory interests created by rights-of-way and easements will be examined specifically. The classifications and the manner in which rights-of-way are created will be studied. Prescription and prescriptive rights, how they are obtained, what can be obtained, and the impact on real property rights will be examined through case studies from across the country. Applicable statutes of limitations, tacking, statutory requirements, defenses and remedies will be examined. The impact rights-of-way and prescriptive rights have on the surveyor and the surveyor’s practice will also be discussed. Several real-world cases that cover the fundamental issues of rights-of-way and prescriptive rights will be studied. This program will be accompanied by a Power Point presentation.
OBJECTIVES: To enhance professional competency and improve practitioner’s knowledge of the law as it relates to the practice of land surveying.