Florida Broker Practice Exam

An easement created by prescription allows the holder to use someone else's property in what manner?

1. With a written agreement

2. For a limited purpose only

3. Without the owner's permission

4. Only during business hours

The correct answer is: Without the owner's permission

An easement created by prescription allows the holder to use someone else's property in a manner that is established through continuous and uninterrupted use over a specified period, typically without the consent of the property owner. This legal concept arises when an individual uses a portion of another person's property openly and in a manner that suggests a claim of right, even if the owner did not explicitly grant permission for such use. The essence of a prescriptive easement is its nature of being established through use rather than through a formal agreement. In many jurisdictions, including Florida, this use must be continuous, open, and without permission from the property owner for a certain duration, which often spans several years. Thus, the key element of a prescriptive easement is the absence of permission from the owner, which differentiates it from other types of easements that require explicit consent or agreements. This principle underlines the importance of understanding property rights and how they can be altered or established through long-standing behaviors rather than formal contracts or arrangements.