Legal Definitions - positive prescription

Definition: Positive prescription is a legal term that refers to the acquisition of ownership or legal rights to a property or thing through open and continuous possession over a specific period of time. It is also known as acquisitive prescription.

Examples: If someone openly and continuously uses a piece of land for a certain number of years, they may acquire legal ownership of that land through positive prescription. Similarly, if someone uses a trademark for a certain period of time without any objection from the owner, they may acquire legal rights to that trademark through positive prescription.

Explanation: Positive prescription is a legal concept that allows individuals to acquire ownership or legal rights to a property or thing through their continuous and open possession of it over a specific period of time. This means that if someone uses a property or thing for a certain number of years without any objection from the owner, they may acquire legal ownership or rights to it. This concept is important in property law and intellectual property law, as it allows individuals to acquire legal rights to properties or things that they have been using for a long time.