Which easement is created by open, notorious, hostile, and continuous usage?

• A. Express Easements
• B. Easement Appurtenant
• C. Easement In Gross
• D. Prescriptive Easement

Answer: (D)

Prescriptive easement. This type arises when someone uses another person’s land in an open and obvious way, without permission, and continues that use without a break for the statutory period. That combination—open and notorious, hostile (adverse), actual, and continuous use—gives rise to a legal right to continue using the land. This is different from an express easement (created by a deed or agreement), an easement in gross (benefits a person rather than a parcel), and an easement appurtenant (attached to a property and benefits another parcel). The long-term, adverse usage is what creates the prescriptive right.