Question

One way of acquiring an easement is by prescription. All of the following are required for the creation of this type of easement, except?

1) No requirement of time
2) Open and notorious use
3) Adverse and hostile use
4) Continuous use

Answer 1

An easement by prescription requires open and notorious use, adverse and hostile use, and continuous use; however, it does incorrectly include 'No requirement of time' as a condition. There is indeed a time requirement, usually several years, dictated by local laws. so, option 2 is the correct answer.

Step-by-step explanation:

One way of acquiring an easement is by prescription. To successfully claim an easement by prescription, certain conditions must be met. These conditions typically include the use being open and notorious (visible and apparent), adverse and hostile (without the true owner's permission), and continuous (use of the easement has been going on for a certain period of time without interruption).

The one requirement listed in the question that is not actually a requirement for the creation of a prescriptive easement is: No requirement of time. In reality, there is a time requirement, which generally ranges between 5 to 20 years, depending on the jurisdiction's rules.

An easement can grant different types of rights, such as the right to pass over a neighbor's property or to prevent construction on a piece of land to preserve open spaces, with the latter serving broader public objectives like conservation or the preservation of green space.