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LAW OF PRESCRIPTION

See “prescription” – the effect of how the passage of time may create or destroy rights. The law of prescription is commonly understood as a statute of limitations. A popular example of prescription in the United States is adverse possession” where there is a presumption of abandonment of land after an extended period of time passes without being inhabited or openly claimed. The law of prescription dates back to the Roman empire and has been a prominent part of English and Indian law. Reasons for the law of prescription include the notion that unused land is wasteful and not beneficial for society and that property that ownership rights can be difficult to prove after long lapses in time. Acquisition of title under laws of prescription include, generally, good faith possession of the land for 20 years in the United States and 10 years in Germany.

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