National Real Estate Practice Exam

What is required for an easement by prescription to be established?

1. Approval from property owner

2. Visible, continuous use over time

3. Payment of a fee for usage

4. Specific written agreement

The correct answer is: Visible, continuous use over time

For an easement by prescription to be established, it is essential that there is visible and continuous use of the property over a certain period. This specific type of easement arises when someone uses another's land in a manner that is open, notorious, and uninterrupted for a period specified by state law. Consequently, such use must be evident, allowing the property owner or the public to notice it easily. This requirement ensures that the use of the land is not secretive or hidden but rather apparent to anyone who observes the property, reinforcing the idea that the use has been accepted by the surrounding community over time. Continuity in usage demonstrates the user's claim to the easement, indicating a long-standing presence that essentially establishes a legal right to continue using the property in that manner. The other options do not align with the necessary components for establishing an easement by prescription. Approval from the property owner is contrary to the very nature of easements by prescription, which typically arise irrespective of the owner's consent. Similarly, payment of a fee is not a requirement, as the user typically does not pay for the use of the land in the context of a prescriptive easement. Lastly, a specific written agreement is also not necessary; in fact, an easement by