In which of the following cases does an easement by prescription arise?
A) The state acquires a person's property through condemnation.
B) A power company enters into a written agreement to lay cables under one's front yard.
C) A neighborhood family openly uses another's back yard as a short cut to the beach every day for 25 years.
D) A person leases out his garage for the purpose of storing furniture.

Question

Quizplus · Accepted Answer

An easement by prescription arises when a person openly, continuously, and without interruption uses another person's property for a certain period of time (usually many years) without the owner's permission or objection. In this case, the neighborhood family has openly used the other person's back yard as a short cut for 25 years, meeting the requirements for an easement by prescription. The other choices do not involve the necessary elements for an easement by prescription. Choice A is an example of eminent domain, choice B is a written agreement, and choice D involves a lease agreement.

In Which of the Following Cases Does an Easement by Prescription