What is an easement by prescription?

An easement by prescription arises when someone uses a portion of another person's property without permission for a certain period, leading to a legal right to continue that use. This concept resembles adverse possession, which allows a person to claim ownership of land under similar circumstances. However, with easements by prescription, the requirement for exclusivity is not present. This means that multiple individuals can use the easement at the same time, unlike the exclusivity that is typically necessary for a claim of adverse possession. The essential elements for an easement by prescription usually include open and notorious use, continuous use for a specified duration, and the use must be adverse to the true owner’s rights.

The other options suggest conditions that do not accurately describe an easement by prescription or misconstrue its nature and legal standing.