What is an easement by prescription also known as?

An easement by prescription is correctly referred to as an adverse easement. This type of easement arises when someone uses a portion of another person's property without permission for a continuous and uninterrupted period, typically defined by law. The term "adverse" captures the essence of the use being done without the consent of the property owner, indicating that the use is contrary to the owner's rights.

To establish an easement by prescription, the use must generally be open, notorious, continuous, and adverse to the interests of the property owner for a legally defined period. This concept is rooted in the idea that if property is used openly and without the owner's consent for long enough, the user can acquire a legal right to continue that use. This situation arises as a means of protecting the public's reliance on the long-standing use of land.

The other terms do not accurately describe an easement by prescription. Constructive easements generally refer to rights that are implied by actions or circumstances rather than through adverse use. Temporary easements are short-term rights and do not fit the criteria for a prescriptive easement, which is an established and often enduring right. Exclusive easements grant sole usage rights to a specific party, contrasting with the nature of adversarial claims made in