A neighbor's land path has been used openly for 15 years without permission. Which statement is true about easements by prescription?

• A. The neighbor can revoke the use at any time.
• B. The neighbor's landowner status cannot be affected by prescription.
• C. The path owner has an easement by prescription because the use was open, notorious, continuous, and without permission for 15 years.
• D. The path user only has a license to use the path.

Answer: (C)

Easements by prescription arise when someone uses another person’s land openly, continuously, and without permission for a statutorily defined period, creating a non-possessory right to use that land. Here, the neighbor has used the path openly for 15 years without permission, which satisfies the elements: the use was open and notorious, continuous for a long period, actual, and without the owner’s consent. Because these conditions are met, a prescriptive easement is created, granting the neighbor the right to continue using the path. This also means the landowner’s title is burdened by the easement, not protected from it; the owner cannot simply revoke the use merely because the use has continued for many years. By contrast, a license is revocable and personal to the licensee, which is not the situation here.