NCEES Principles and Practice of Surveying Practice Exam

What action characterizes a prescriptive easement?

1. Use of the land under mutual agreement

2. Adverse use of land without permission

3. Formal registration of the right to use land

4. Notification of all parties involved prior to use

The correct answer is: Adverse use of land without permission

A prescriptive easement is characterized by the adverse use of land without permission from the owner. This means that an individual has used a portion of someone else's property in a manner that is open, notorious, continuous, and adverse to the interests of the property owner, often for a period defined by state law. The key elements of a prescriptive easement include that the use must be without the owner's consent and that the use must be ongoing and obvious, providing the property owner with knowledge of the use. If these conditions are met for the length of time required by law, the user may obtain a legal right to continue using that portion of the property. In contrast, mutual agreement or formal registration does not characterize a prescriptive easement since those actions imply permission has been given by the landowner. Similarly, prior notification to all parties involved is also inconsistent with the nature of a prescriptive easement, as it hinges on use contrary to the will of the property owner.