What is the key requirement for a prescriptive easement to be obtained?

For a prescriptive easement to be obtained, the key requirement is the doctrine of adverse use, which typically necessitates that the use of the property must be continuous and uninterrupted for a specific period. In Ohio, this period is generally 21 years. The rationale behind this requirement is to ensure that the user has established a degree of reliance on the use of the land that warrants legal recognition, thereby allowing the user to gain certain rights over the property.

This concept is rooted in the principle that long-term, open, and notorious use of someone else's property can give rise to the prescriptive rights of the user, effectively granting them an easement if they meet the criteria. Consequently, the other factors, such as ownership or permission, are not aligned with the essence of a prescriptive easement. The easement is obtained without the landowner's permission and does not depend on ownership being proven or the filing of a lawsuit, as these would not demonstrate the required adverse use over time.