An easement by prescription arises when .
A) one openly uses a portion of another's property for a statutory period of time
B) a piece of property is divided and, as a result, one portion is landlocked
C) the landowner expressly agrees to allow the holder of the easement to use the land in question
D) the landowner transfers possessory interest for an agreed-upon period

Question

Quizplus · Accepted Answer

An easement by prescription is created when someone openly uses a portion of another's property without the owner's permission for a statutory period of time (usually between 5-20 years, depending on the state). This use must be continuous, uninterrupted, and without the owner's interference. After the statutory period, the user gains a legal right to continue using the property, effectively creating an easement by prescription.

An Easement by Prescription Arises When