What defines an easement by prescription?

An easement by prescription is defined by the concept of acquiring a right to use someone else's property through long-standing, uninterrupted use that is open, notorious, and without the permission of the property owner. This type of easement arises typically when the use of the property has been continuous for a statutory period of time, which can vary by jurisdiction. Essentially, the use must be so apparent that the property owner has an opportunity to take action to stop it but fails to do so.

The defining feature of an easement by prescription is its focus on prolonged and established use, leading to a legal right that is recognized despite the absence of a formal agreement or writing. This differs from other types of easements such as those granted in writing or created by a government agency, as they involve different processes and are typically acknowledged through legal documentation.

In summary, what sets an easement by prescription apart is that it is acquired through actual usage of the land over time, culminating in a legal claim to use that property even though it has not been explicitly granted by the property owner.