Which is not a requirement for obtaining an easement by prescription: (A) Open and notorious use of the property (B) Exclusive use of the property (C) Continual use for five years or more (D) Use hostile to the true owner
Answer (1)
An easement by prescription is a legal concept where a person may acquire the right to use another's property due to continuous and open use over time. To establish an easement by prescription, certain legal requirements typically need to be met.
Here are the key elements:
Open and Notorious Use : The use of the property must be visible and apparent, so the true owner has the opportunity to object to the use.
Hostile Use : The use must be without the true owner's permission and against the owner's interests, which means the user assumes rights as if they own the property.
Continual Use for a Statutory Period : The use must be continuous and uninterrupted for a specific period, often defined by state laws. Commonly, this is five years or more.
Exclusive Use : This is the incorrect option, as it is not required. Unlike adverse possession, in prescriptive easements, the use does not need to be exclusive. It means multiple people or entities can use the property concurrently unless exclusivity is specifically required by state law.
In summary, the option that is NOT a requirement for obtaining an easement by prescription is (B) Exclusive use of the property.
