Remember, A power of attorney is a very special kind of agency relationship... one that is NOT common for agents representing buyers or sellers. A power of attorney that authorizes one person to sign on behalf of another must be a written document with the original signature of the person who is authorizing the other person to sign. The power of attorney must state the words "POWER OF ATTORNEY" at the top of the document, and the signature of the authorizing party must be notarized. Agents are NEVER (I repeat NEVER) authorized to sign any document on behalf of a client without a valid power of attorney with an original notarized signature. |
Prescription is often used interchangeably with the term adverse possession, which more strictly refers to the acquiring of title to lands. As in adverse possession, the essential elements are that the prescriptive right be adverse, under claim of right, continuous and uninterrupted, open, notorious and exclusive, with the knowledge and acquiescence of the servient owner, and continuing for the full prescriptive period. By "continuous" is meant that the property is used on a regular basis.