Final answer:
For a prescriptive easement to be granted, open and notorious use for a specific period is required. Mutual agreement between parties, government approval, and payment of a fee are not necessary prerequisites for establishing a prescriptive easement.
Step-by-step explanation:
For a prescriptive easement order to be granted, the following circumstances must be true: (A) Open and notorious use for a specific period. This means the use of the land by an individual is visible and apparent, and not secretive, over a continuous period which is usually statutorily defined. (B) Mutual agreement between parties is not required for a prescriptive easement. Easements by prescription often arise despite, or even without, the landowner's direct permission. (C) Government approval is not a necessity for a prescriptive easement to be valid. However, government entities may be involved in disputes regarding easements. (D) Payment of a fee is also not a typical requirement for a prescriptive easement to be established.
Easements are not limited to these categories, as they are also used for public objectives, such as the preservation of open space and conservation. For example, an easement might preclude someone from building on a parcel of land, which maintains the land as open space for the benefit of the public. Non-government restrictions such as restrictive covenants and easements can also enforce land use restrictions. The government may also exercise eminent domain under the Takings Clause, however, this requires fair compensation and is used for public purposes, distinct from private easements.