What is easement by prescription?

Easement by prescription is a legal concept that arises when someone uses a portion of land belonging to another person without permission for a certain period, which typically varies by jurisdiction but often ranges from 5 to 20 years. This usage needs to be open, notorious, continuous, and hostile to the owner's interests. If these conditions are met, the person using the land may acquire a legal right (an easement) to continue that use even without the property owner's consent.

The essence of easement by prescription revolves around the idea that if a landowner does not take action to prevent someone from using their property for a significant length of time, that use may become legally recognized as a right. This principle is rooted in public policy considerations, as it encourages landowners to assert their rights and discourage passive acceptance of unauthorized use.

The other options do not accurately describe easements by prescription. For instance, simply constructing or occupying property without a specified context does not align with the legal requirements for establishing an easement by prescription.