Which of the following is required for an easement by prescription to arise?

• A. Proximity to land.
• B. Continuous, open, adverse use over time.
• C. Written agreement.
• D. Court order.

Answer: (B)

Prescriptive easement shows up when someone uses another's land openly and continuously for a period set by law, without permission. The use must be actual and visible (open and notorious), adverse to the owner’s rights (not consented to), and ongoing for the required time. That combination creates a right to continue using the land even without a written agreement. Proximity alone isn’t enough, and a written agreement or a court order isn’t how this right develops. A long-term, adverse, open use over the statutory period is what gives rise to the easement.