MemotivaReal Estate Exam: Encumbrances, Liens, Easements, Deed Restrictions Explained

How is an easement by prescription created?

Real Estate Exam: Encumbrances, Liens, Easements, Deed Restrictions Explained

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An easement by prescription is created when someone uses another person's land openly, continuously, and without permission for a statutory period, similar to adverse possession but without claiming ownership. The use must be actual, open and notorious so the owner could discover it, hostile meaning without the owner's consent, and continuous for the period required by state law, typically ranging from five to twenty years. A common example is a neighbor who has used a path across your land to reach a road for fifteen years.
law.cornell.edu