Which term describes an easement acquired by claiming the previous owner's period of adverse use?

• A. Easement
• B. Easement Appurtenant
• C. Easement in Gross
• D. Easement by Prescription

Answer: (D)

Easement by prescription arises when someone uses another's property openly, continuously, and without permission for a period defined by law, eventually creating a legal right to continue that use. The use must be actual, open and notorious, continuous for the statutory period, and adverse (or under a claim of right). When those conditions are met, the user gains an easement by operation of law, even though there was no written grant. This clarifies why the term fits: the right is acquired through the landowner’s prior period of adverse use, not by express agreement or implication. An easement by prescription can be appurtenant or in gross, depending on whether the use benefits a parcel of land or a person, but the defining feature here is creation through long-term adversarial use.