What is a key feature of an easement by prescription?

• A. It requires exclusive possession for a long period.
• B. It requires registration in the land register.
• C. It must be continuous and without the servient owner's permission for the prescriptive period.
• D. It can be created by mere agreement.

Answer: (C)

An easement by prescription comes from long, uninterrupted use of someone else’s land that is adverse to the owner. The essential element is that the use must go on continuously for the prescriptive period and must be without the servient owner’s permission. This demonstrates the rights holder’s ongoing, open use “as of right,” which over time can create an easement even without any agreement or formal grant. Notably, you don’t need exclusive possession of the land—the owner can still use the land in other ways, but the use must be continuous and without consent to qualify. It also doesn’t require registration; prescription is about long-standing use rather than filing a formal registration. So the defining feature is continuous use without the owner’s permission for the prescriptive period.