Jimmy has used his neighbor's property to run his cattle across for several years. He never spoke to the neighbor about it, nor did the neighbor speak to him about it. His cattle were in the open for all to see and Jimmy continued to do this for 20 years. Jimmy determined that his neighbor might sell the property some day so he decided to get the right to use the property himself without buying it. Is there a way he can legally do this?

Question

Social Studies

Miguel Figueroa

25 March, 07:19

Jimmy has used his neighbor's property to run his cattle across for several years. He never spoke to the neighbor about it, nor did the neighbor speak to him about it. His cattle were in the open for all to see and Jimmy continued to do this for 20 years. Jimmy determined that his neighbor might sell the property some day so he decided to get the right to use the property himself without buying it. Is there a way he can legally do this?

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Answers (1)

Know the Answer?

Beatrice Calhoun · Answer 1

Yes, Jimmy has met the claims of easement by prescription

Explanation:

Based on the information provided within the question it can be said that legally there is a way for Jimmy to do this, it is called easement by prescription. This refers to acquiring a right to something through long use or enjoyment. This can be claimed by a person who uses the parcel of land owned by another individual continuously for five years or more without the owner's permission or consent, and/or any complaints from the owners. Therefore since Jimmy has met the claims of easement by prescription he can legally get the right to use the property himself without buying it.