What is an easement by prescription?

An easement by prescription is defined as a right to use another person's property that is acquired through continuous and open use over a specific period of time, as dictated by law. The key elements of this concept are that the use must be continuous, non-permissive (meaning the property owner has not granted permission for this use), and it must be obvious or apparent to the property owner. Over time, if the conditions are met, the user can claim legal rights to an easement, similar to how property rights can be established through adverse possession.

The other options do not accurately describe this type of easement. An easement established through formal agreement involves a contract between the parties and does not rely on the passage of time or continued use. An easement granted by the property owner is a voluntary arrangement, unlike an easement by prescription, which is established without the owner's permission. An easement included in a recent contract refers to one that is formally documented and agreed upon rather than established through longstanding use.