What type of easement is obtained through open, notorious, and adverse use for at least 21 years without permission?

A prescriptive easement is established when a person uses another's property openly, notoriously, and adversely for a specified period, which in many jurisdictions, including Ohio, is often 21 years. This type of easement does not require the permission of the property owner. As a result, the user gains the right to continue using the property in a specific way, effectively gaining a legal right to utilize the land despite the owner's lack of consent.

The essential elements for establishing a prescriptive easement are that the use must be continuous, uninterrupted, exclusive, and under a claim of right. "Open" and "notorious" usage means that the property owner is aware, or should be aware, of the activity, while "adverse" infers that the usage occurs without the owner's permission, signaling an intention to assert a right against the property.

Understanding these characteristics clarifies why the concept of a prescriptive easement is foundational in property law, allowing individuals to establish rights to land that they have been using for a long period.

In contrast, an easement in common typically involves multiple parties who share rights to use a specific piece of land, often related to access. An easement by necessity arises when a property is landlocked and requires