Hawaii Real Estate State Practice Exam

What type of easement requires continuous and uninterrupted use for a specific period?

1. Prescriptive easement

2. Granted easement

3. Express easement

4. Negative easement

The correct answer is: Prescriptive easement

A prescriptive easement is established when a person uses another's property continuously and openly for a specific statutory period, which can vary by jurisdiction. This type of easement is akin to acquiring a right without formal consent from the property owner, under the premise that the use is non-permissive and performed in a way that is visible to the owner. To successfully claim a prescriptive easement, the use must meet the criteria of being continuous, uninterrupted, and have occurred for a length of time defined by law, typically around 10 to 20 years. This continuous use is crucial; it differentiates prescriptive easements from others, as the user must demonstrate a long-standing practice that indicates a claim to a right over time. In contrast, other types of easements, such as granted easements or express easements, are established through formal agreements or explicit grants and do not necessarily rely on the duration or continuity of use. Negative easements also do not revolve around the concept of continuous use but rather restrict the property owner's ability to engage in certain activities on their land. Thus, the significant aspect of prescriptive easements lies in the requirement of consistent and undisputed use of the land over time, which is not a characteristic of