Final answer:
A prescriptive easement is claimed through use rather than possession of property. It differs from possession in that it does not lead to ownership, but allows for the use of someone else's property under certain conditions. This contrasts with government actions like eminent domain, which involves the government taking private property for public use.
Step-by-step explanation:
The term that best describes an easement claimed through use rather than possession is prescriptive easement. A prescriptive easement is acquired when someone uses another's property for a specific period of time, as allowed by state law, without the owner's permission but without secrecy. This is different from possession, where someone may claim ownership of land after openly and exclusively possessing it for a period stipulated by law, which can lead to a claim of adverse possession.
Easements can serve various functions, including allowing for conservation of green spaces and enabling public access. They can be contrasted with government actions such as eminent domain, where the government has the right to take private property for public use, with the requirement of providing just compensation as outlined by the Takings Clause of the Fifth Amendment.