Emily has been using a driveway that crosses Daniel's property to access her home for the past 12 years. There was no formal agreement between them, but her use has been continuous, open, and without Daniel's explicit permission. Emily now seeks to secure legal rights to continue using the driveway. Which method of creation best applies to Emily's situation?
An implied easement based on necessity
A prescriptive easement established through continuous use
Emily is seeking to establish a prescriptive easement, which arises from continuous, open, and adverse use of another's property over a statutory period without the owner's consent.
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What is a prescriptive easement?
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What does 'open and continuous use' mean in the context of a prescriptive easement?
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What is the statutory period for establishing a prescriptive easement?