Hawaii Real Estate State Practice Exam

How long must the use be continuous to establish a prescriptive easement in Hawaii?

1. 10 years

2. 15 years

3. 20 years

4. 25 years

The correct answer is: 20 years

In Hawaii, to establish a prescriptive easement, continuous use of the property must be maintained for a period of 20 years. This requirement reflects the legal principle that long-term use can imply a type of permission or claim to the property in question. Continuous use means that the claimant has utilized the property in a way that is open, notorious, and adverse to the interests of the original property owner. The 20-year period is important because it creates a balance between the rights of property owners and the rights of those who may have been using the property without formal permission for a significant time. This time frame provides enough opportunity for property owners to assert their rights if they do not wish to allow continued use of their land. In Hawaii, the law specifies this duration to protect property ownership while acknowledging the practical realities that can arise from long-term use, fostering fairness and equity in property rights.