What must happen for an easement by prescription to be valid?

For an easement by prescription to be valid, it is essential that it is used openly and continuously for a specified period. This means that the party claiming the easement must demonstrate that their use of the land has been visible and noticeable to the property owner and the general public, and that this use has been uninterrupted for the required duration, which is typically defined by state law.

In South Carolina, as in many other jurisdictions, the period is often around 10 years, although this can vary. The concept hinges on the idea of "adverse possession," where the consistent and open use of another's property can eventually lead to a legal right to continue using it, despite not having permission from the property owner.

This principle underscores the importance of not just physical use of the land, but also the observable and continuous nature of that use over time. It reflects a balance between property rights and the interest of individuals in utilizing property in a way that may grant them rights over time, without needing a formal agreement.

Other options do not accurately define the requirements for an easement by prescription. For instance, the requirement for a written agreement or limitation to residential properties does not apply to easements by prescription, as they can emerge from long-term