NCEES Principles and Practice of Surveying Practice Exam

What are the characteristics necessary for a prescriptive easement?

1. Must be conducted openly and continuously

2. Must have written documentation

3. Must be agreed upon by all parties involved

4. Must be for a short, specified duration

The correct answer is: Must be conducted openly and continuously

A prescriptive easement is created through the continuous, open, and notorious use of someone else's property without permission. This means that the use must be visible and apparent, so that the property owner is aware of it and can take action if they wish to stop it. Additionally, the use must be continuous over a specific period, which varies by jurisdiction but commonly spans several years. This characteristic underscores the idea that the use must be evident, allowing the landowner the opportunity to assert their rights if they disagree with the use. For the easement to be prescriptive, it is essential that the use is not concealed or stealthy; rather, it should be apparent to anyone observing the property. The other options provided, such as the requirement for written documentation or mutual agreements, do not apply to prescriptive easements. These easements are often established without any formal agreement or written consent from the property owner. Instead, the focus is solely on the longevity and visibility of the use of the land in question. Additionally, having a short, specified duration contradicts the essence of a prescriptive easement, which is predicated on the prolonged and uninterrupted use of the property.