What must be demonstrated for an easement by prescription to be recognized?

An easement by prescription is a method by which a person can acquire a right to use someone else's property without the owner's permission. To have an easement by prescription legally recognized, specific criteria must be met. This includes demonstrating hostile and continuous use over a specified time period, which varies by jurisdiction but often is around 10 years in Texas.

The term "hostile" in this context does not imply anything aggressive, but rather signifies that the use of the property is without the permission of the owner. "Continuous use" means that the use of the property must be ongoing and uninterrupted for the designated time frame. Thus, if someone has been using a pathway, for example, continuously and without permission for the required number of years, they may be able to obtain an easement by prescription.

The other options related to richness of soil, support of neighboring properties, and permissive use do not satisfy the legal requirements for establishing a prescriptive easement. Richness of soil or support from neighbors has no bearing on the rights established through prescription. Additionally, use must be hostile, not permissive, to qualify for a prescriptive easement; permissive use typically negates the possibility of claiming such a right.