Easement by Prescription vs. Easement by Necessity - Which one is it?
property general beginner poll_styleOkay guys, help me out here. So, I'm studying TPA for my exams and I got stuck on this one concept. There's a property with a 10-foot wide road passing through it, which has been used by the public for the last 20 years as a shortcut. Now, the property owner claims that this road was created by the public through necessity, but a friend says it's an easement by prescription. Which one is correct, and why?
Is it an easement by necessity because the property is surrounded by other properties and the road is the only way to access the main road? Or is it an easement by prescription because the public has been using the road for such a long time, without any hindrance?
Let me know guys, which one do you think is correct and why?
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Bhai, let's break it down. Easement by Prescription is acquired through open, notorious, continuous, and without permission use of a neighboring land for the prescribed period. Easement by Necessity allows a landowner to use a neighbor's land in a way that is necessary, but it's a narrow exception. It's not always a straight choice between the two, though - sometimes a common law easement fits better, ya?