Does Title Insurance Cover Prescriptive Easements?

There are plenty of things not covered by title insurance, however.

Basic title insurance also won’t cover most border disputes or claims by a neighbor whose driveway has been encroaching so long on your property that he or she can claim what’s known as a prescriptive easement.

Does title insurance protect against easements?

Title insurance protects both real estate owners and lenders against loss or damage occurring from liens, encumbrances, or defects in the title or actual ownership of a property.

How are easements acquired by prescriptions?

A person may acquire an easement by using the servient land a particular way for a long period of time. Acquiring an easement by prescription today is similar to acquiring title to land by adverse possession.

What is the difference between adverse possession and prescriptive easements?

Adverse possession requires more action. Adverse possession and prescriptive easements are both legal doctrines that allow a person to obtain a right to someone else’s property by open and notorious use. In both cases a person uses the land over a long period of time. The difference is in the right obtained.

What are prescriptive easements?

A prescriptive easement is an easement upon another’s real property acquired by continued use without permission of the owner for a legally defined period. State law, which varies by state, defines the time period required to acquire a prescriptive easement.