Easements by prescription require continuous, actual, open, and hostile use for a statutory period, and the use need not be exclusive.

• A. False; exclusivity is required
• B. False; it must be written and signed
• C. True; the use must be continuous, actual, open, and hostile for the statutory period, and exclusivity is not required
• D. False; it must be peaceful-only

Answer: (C)

The idea behind easements by prescription is that someone can gain a right to use another person’s land through long-term, visible, actual use that is adverse to the owner, for the statutory period. The key elements are actual use, continuous use, open and notorious use, and hostility to the owner’s rights. Importantly, this use does not have to be exclusive; multiple parties can have or claim prescriptive rights, and the owner can still use the land in ways that don’t conflict with the prescriptive use.

So the true statement is that the use must be continuous, actual, open, and hostile for the statutory period, and exclusivity is not required. The other propositions are incorrect because they either demand exclusivity, require a written instrument, or insist on a peaceful-only use, none of which are necessary for a prescriptive easement to arise.