NCEES Principles and Practice of Surveying Practice Exam

Which type of easement is established by long-term use without permission?

1. Formal easements

2. Prescriptive easements

3. Easements of necessity

4. Domestic easements

The correct answer is: Prescriptive easements

A prescriptive easement is a legal right to use someone else's property that is established through long-term, continuous, and open use without the owner's permission. This type of easement is based on the doctrine of adverse possession, which allows an individual to claim a right to use the property if they have utilized it in a way that is obvious and without contest from the actual owner for a specified period. To establish a prescriptive easement, several criteria must typically be met: the use must be continuous, uninterrupted, and adverse to the property's owner, meaning it goes against the owner's wishes. Additionally, the timeframe required varies by jurisdiction, but it usually spans several years. This process differs from formal easements, which are created through explicit agreements between parties, or easements of necessity, which arise when a property is landlocked and requires access through another's land. Domestic easements, while not a commonly recognized category, typically refer to easements that are for personal use or benefit within a residential context. Thus, the definition and criteria of prescriptive easements clearly demonstrate why this is the correct answer for situations involving long-term use without permission.