Which term refers to acquiring a right to use land by claiming the previous owner's period of adverse use?

• A. Easement
• B. Easement Appurtenant
• C. Easement by Prescription
• D. Non-Monetary Encumbrances

Answer: (C)

An easement by prescription is the term for acquiring a right to use someone else’s land through the previous owner’s period of adverse use. This happens when someone uses another person’s property openly, continuously, and without permission for the time defined by state law. The use must be actual, visible, and uninterrupted (with only ordinary and minor breaks allowed by law), and it must be adverse to the owner’s interests. When those conditions are met for the statutory period, a legal right to continue that use arises, running with the land if it benefits a parcel (an appurtenant easement) or, less commonly, existing in gross for a person or entity. In short, long-term, adverse, open use can mature into an easement by prescription.