Which statement describes an easement by prescription?

Which statement describes an easement by prescription?

• A. Recorded deed
• B. Written agreement
• C. Ownership transfer
• D. Open, hostile, exclusive, notorious use for a defined period

Answer: (D)

An easement by prescription arises when someone uses another person’s land openly and without permission for a long enough period, so that the use becomes a legal right. The key elements are open and notorious use (visible to the owner), adverse or hostile use (without the owner’s consent), and continuous use for the statutory period. After meeting that time frame, a court may grant a prescriptive easement giving the user the right to continue using that portion of land. This isn’t created by a deed, a written agreement, or a transfer of ownership—those establish formal grants or ownership changes, not a prescription. The described statement matches the required characteristics: use that is open, adverse, and continued for the defined period, which leads to a prescriptive easement.

An easement by prescription arises when someone uses another person’s land openly and without permission for a long enough period, so that the use becomes a legal right. The key elements are open and notorious use (visible to the owner), adverse or hostile use (without the owner’s consent), and continuous use for the statutory period. After meeting that time frame, a court may grant a prescriptive easement giving the user the right to continue using that portion of land. This isn’t created by a deed, a written agreement, or a transfer of ownership—those establish formal grants or ownership changes, not a prescription. The described statement matches the required characteristics: use that is open, adverse, and continued for the defined period, which leads to a prescriptive easement.