Which of the following describes a situation in which an easement might be created against the wishes of the property owner?

Which of the following describes a situation in which an easement might be created against the wishes of the property owner?

• A. The property has been continuously used as an easement with the knowledge but without the permission of the owner for a period of time.
• B. The owner of an adjoining property asks the property owner for an easement, is refused, and then uses the property anyway without the knowledge of the owner.
• C. The owner of an adjoining property decides he needs to widen his driveway by sharing his neighbor's driveway and sues in court to create an easement by necessity.
• D. The owner of an adjoining property grants an easement to a third party that includes an easement on the first property.

Answer: (A)

Easements can be created without the owner’s consent through prescription when someone uses another’s land openly and continuously for a long period, without permission. In this scenario, the neighbor has used the property as an easement for a long time with the owner’s knowledge but without permission. That combination—long, continuous, open use that is adverse to the owner’s interests—fits the elements of a prescriptive easement, so an easement can arise even though the owner doesn’t want it. The other situations don’t fit as clearly. A court-ordered easement by necessity arises from a particular need (like access when land is landlocked) and involves legal action, not simply long-time adverse use. Granting an easement to a third party is a voluntary transfer by the owner, not something created against the owner’s wishes. And while an easement can be created if someone uses land without the owner’s knowledge, prescription hinges on use that is open and notorious for a statutory period, along with lack of permission; the emphasis in this scenario is on the owner’s knowledge and lack of permission over time.

Easements can be created without the owner’s consent through prescription when someone uses another’s land openly and continuously for a long period, without permission. In this scenario, the neighbor has used the property as an easement for a long time with the owner’s knowledge but without permission. That combination—long, continuous, open use that is adverse to the owner’s interests—fits the elements of a prescriptive easement, so an easement can arise even though the owner doesn’t want it.

The other situations don’t fit as clearly. A court-ordered easement by necessity arises from a particular need (like access when land is landlocked) and involves legal action, not simply long-time adverse use. Granting an easement to a third party is a voluntary transfer by the owner, not something created against the owner’s wishes. And while an easement can be created if someone uses land without the owner’s knowledge, prescription hinges on use that is open and notorious for a statutory period, along with lack of permission; the emphasis in this scenario is on the owner’s knowledge and lack of permission over time.