California Real Estate Practice Exam

How long must an easement by prescription be used continuously, openly, and notoriously to be acquired?

1. Three years

2. Five years

3. Ten years

4. Twenty years

The correct answer is: Five years

An easement by prescription is the right to use someone else's property without owning it. In order to acquire an easement by prescription, it must be used continuously, openly, and notoriously for a certain length of time. Option A, three years, is not a sufficient length of time for an easement to be essentially "lost" by the property owner. Option C, ten years, is too long and could potentially result in adverse possession instead of an easement by prescription. Option D, twenty years, is also too long and would almost certainly result in adverse possession. Therefore, the correct answer is B, five years, as it strikes a balance between enough time for the easement to become established and not being excessive as to result in adverse possession.