Florida Broker Practice Exam

What is established when an easement is created through longstanding usage?

1. Easement by prescription

2. Easement by necessity

3. Easement in gross

4. Easement appurtenant

The correct answer is: Easement by prescription

When an easement is created through longstanding usage, it is known as an easement by prescription. This type of easement arises when a person uses someone else's property for a specific period of time and their use is continuous, open, notorious, and without permission. The required duration of use may vary depending on local laws, but it typically ranges from 5 to 20 years. Easements by prescription serve to formalize and protect the rights of the user, recognizing the established pattern of use that has occurred over time. This legal recognition helps prevent property disputes and encourages clarity regarding property boundaries and usage rights. In contrast, other types of easements include easement by necessity, which is established when a property owner has no legal access to their property without crossing over another person's land, and easement in gross, which benefits an individual rather than a particular piece of land. Lastly, an easement appurtenant involves a dominant and a servient tenement, where the easement benefits one parcel of land while burdening another. Each type of easement has distinct characteristics and legal implications, but the specific scenario described in the question directly aligns with the concept of an easement by prescription.