What does an easement by prescription grant?

An easement by prescription grants the right to use someone else's property under specific legal circumstances. This usually arises when a person has been using a portion of another person’s property openly, continuously, and without the permission of the owner for a statutory period, which varies by jurisdiction. In essence, it allows the user to maintain a particular use of the property, such as a pathway or a right-of-way, despite an individual not owning the property.

This type of easement is established through long-standing use rather than any explicit permission from the property owner, creating a legal right despite the owner’s opposition. The requirement for use to be continuous and visible protects both the user’s interests and the rights of the property owner by ensuring that any claims to such easements arise from clear and consistent usage patterns. This concept reflects the importance of actual use in property law and the balance between individual rights and property rights.

Other options do not correctly define the concept of an easement by prescription, which specifically relates to the legal right to use land rather than purchasing, selling, or occupying land.