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PRESCRIPTIVE EASEMENTS AND CONSIDERATION …

PRESCRIPTIVE EASEMENTS AND CONSIDERATION OF A PROGRESSIVERULE FOR RELOCATION OF SERVITUDES IN NORTH CAROLINA I. IntroductionOne may acquire an easement by prescription over the land of another. Green v. Barbee,233 77, 76 307 (1953). A PRESCRIPTIVE easement generally stands in all respects onthe same footing as an easement acquired by express grant. 25 Am. Jur. 2d, EASEMENTS andLicenses 45. However, PRESCRIPTIVE rights are not favored in the law since they necessarilywork corresponding losses or forfeitures on property owners. , EASEMENTS were only created by express grant. Id. Over time, courts createdthe legal fiction of a lost grant, which is generally regarded as the basis of prescriptiveeasement rights.

PRESCRIPTIVE EASEMENTS AND CONSIDERATION OF A PROGRESSIVE RULE FOR RELOCATION OF SERVITUDES IN NORTH CAROLINA I. Introduction One may acquire an easement by prescription over the land of another. Green v. Barbee, 233 N.C. 77, 76 S.E.2d 307 (1953).

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