What's an example of easement by prescription?

Easement by prescription is a legal concept that allows a person to gain a right to use someone else's property after fulfilling certain criteria, typically involving continuous and open use without the permission of the property owner for a specified period of time, as defined by state law.

In the scenario of walking through someone's backyard for years, this action exemplifies easement by prescription because it represents a consistent and open use of the property. If this use has gone unchallenged by the property owner over the required duration, the individual may establish a legal right to continue using that pathway as an easement, despite not having received explicit permission.

In contrast, using a neighbor's garage for parking would likely involve permission, making it a license rather than an easement. Utilizing a community park is a matter of public access and does not pertain to private property rights. Building a permanent structure on shared land would likely require formal agreements and could lead to disputes rather than establishing a right through prescription. Thus, walking through the backyard clearly fits the criteria for easement by prescription.