How do prescriptive rights relate to unlawful ejections? What are some case law examples?

Question from TT, How do prescriptive rights relate to unlawful ejections? What are some case law examples?

Answer from AI:

Prescriptive rights, also known as adverse possession, refer to the legal principle that allows a person to gain ownership of a property if they have occupied it without the owner’s permission for a certain period of time. This period varies by jurisdiction, but it is typically a number of years.

Prescriptive Rights and Unlawful Ejections

Prescriptive rights can potentially relate to unlawful ejections in the sense that a person who has been occupying a property for a long time may have a claim to it, even if they originally entered or stayed on the property without permission. If the property owner tries to eject this person without recognizing their prescriptive rights, it could be considered unlawful.

However, it’s important to note that the requirements for establishing prescriptive rights are quite strict. The occupier must have been using the property openly, continuously, and without the owner’s permission for the entire prescriptive period. If these conditions are not met, the occupier may not have any legal rights to the property, and their ejection would not be unlawful.

Case Law Examples

There are many cases that have dealt with prescriptive rights and unlawful ejections. Here are a few examples:

• Van Valkenburgh v. Lutz (1952): In this New York case, the court found that the defendants had not established prescriptive rights because their use of the property was not open and notorious.
• Howard v. Kunto (1970): This Washington case held that continuous use of a property can be established even if different people are using the property at different times, as long as the use is continuous in a broader sense.
• Mannillo v. Gorski (1969): In this New Jersey case, the court found that a person can’t establish prescriptive rights if they didn’t realize they were occupying someone else’s property.

Legal Advice

If you’re dealing with a situation involving prescriptive rights or unlawful ejections, it’s important to consult with a legal professional. They can help you understand the laws in your jurisdiction and how they apply to your specific circumstances.

Remember, this information is a general guide and not a substitute for legal advice. Laws vary by location and the specifics of your situation can greatly impact the outcome.

For more information on prescriptive rights, you can visit the Legal Information Institute’s page on adverse possession.