Hawaii Real Estate State Practice Exam

In the context of prescriptive easements, 'hostile use' refers to the use of someone else's property without the permission of the landowner. This term does not imply any animosity or hostility in a personal sense but rather indicates that the use is taking place without express consent. For a prescriptive easement to be established, the claimant must demonstrate that their use of the property has been continuous, open, and hostile—in this case, meaning it lacks permission from the landowner.

This concept is crucial because it underscores a key factor in acquiring rights over a property through long-term usage. If the use were performed with the owner's permission, it would not meet the criteria for a prescriptive easement, as this would imply a license rather than an adverse claim. Thus, the characterization of the usage as 'hostile' serves to reinforce the idea that the use is contrary to the interests of the property owner, which is foundational for claims in the context of prescriptive easements.