Company A owns a parcel of land adjacent to Company B's property. For the past 15 years, Company B has used a pathway that crosses over Company A's land to access a public road. There is no written agreement between the two companies regarding the pathway. Company A now seeks to stop Company B from using the pathway. What type of easement, if any, has Company B likely acquired under common law?
Company B has likely acquired a prescriptive easement. A prescriptive easement is established through continuous, open, and adverse use of another's property for a statutory period. Unlike express or implied easements, which require some form of agreement or relationship between the parties, a prescriptive easement arises from long-term use without permission.
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What does it mean for an easement to be 'prescriptive'?
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How does a prescriptive easement differ from an express easement?
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Can a prescriptive easement be terminated, and if so, how?