Which easement is created by open, notorious, hostile, and continuous usage?

Which easement is created by open, notorious, hostile, and continuous usage?

• A. Express Easements
• B. Easement Appurtenant
• C. Easement In Gross
• D. Prescriptive Easement

Answer: (D)

Prescriptive easement. This type arises when someone uses another person’s land in an open and obvious way, without permission, and continues that use without a break for the statutory period. That combination—open and notorious, hostile (adverse), actual, and continuous use—gives rise to a legal right to continue using the land. This is different from an express easement (created by a deed or agreement), an easement in gross (benefits a person rather than a parcel), and an easement appurtenant (attached to a property and benefits another parcel). The long-term, adverse usage is what creates the prescriptive right.

Prescriptive easement. This type arises when someone uses another person’s land in an open and obvious way, without permission, and continues that use without a break for the statutory period. That combination—open and notorious, hostile (adverse), actual, and continuous use—gives rise to a legal right to continue using the land. This is different from an express easement (created by a deed or agreement), an easement in gross (benefits a person rather than a parcel), and an easement appurtenant (attached to a property and benefits another parcel). The long-term, adverse usage is what creates the prescriptive right.