Which is a requirement for an easement by prescription?

• A. Open
• B. Continuous
• C. Adverse
• D. Statutory period

Answer: (A)

Open use is what makes a prescriptive easement recognizable to the landowner. For someone to acquire a right by prescription, their use of another’s land must be open and visible—not hidden—so the true owner has a real opportunity to notice and potentially object. This visibility creates the notice element that justifies prescriptive rights.

Beyond openness, the use also has to be continuous for the statutory period and adverse to the owner’s rights (not with permission). The duration of that continuous, adverse use must meet the statutory period set by law. So while openness specifically ensures notice, the full prescription picture includes continuity, adverse use, and the required time period.