Question

Each of the following elements must be established to obtain an easement by prescription, except:

A. Use of the property which is hostile and adverse to the true owner;
B. Existence of a claim of right or color of title;
C. Open and notorious use which is continuous and uninterrupted for a period of five years;
D. A confrontation with the true owner.

Answer 1

To obtain an easement by prescription, several elements must be established. These include hostile and adverse use, a claim of right or color of title, open and continuous use for five years, but not a confrontation with the true owner.

Step-by-step explanation:

An easement by prescription is a legal right to use another person's property for a specific purpose. To establish an easement by prescription, several elements must be established:

1. Use of the property which is hostile and adverse to the true owner: The use must be without the permission or consent of the true owner
2. Existence of a claim of right or color of title: The person seeking the easement must have a reasonable belief that they have a right to use the property, even if that belief is mistaken
3. Open and notorious use which is continuous and uninterrupted for a period of five years: The use must be visible and obvious, and it must continue without interruption for at least five years
4. A confrontation with the true owner: This is not required to establish an easement by prescription