Hawaii Real Estate State Practice Exam

What type of use is required for acquiring a prescriptive easement in Hawaii?

1. Hostile use

2. Political use

3. Temporary use

4. Public use

The correct answer is: Hostile use

In order to acquire a prescriptive easement in Hawaii, the type of use required is hostile use. This concept refers to the use of someone else's property in a manner that is without the permission of the property owner. A hostile use does not mean that it has to be aggressive or confrontational; rather, it implies that the user is acting without the owner's consent and with the intention to possess the property as their own. For a prescriptive easement to be established, the use must also be continuous, open and notorious, and for a statutory period, which in Hawaii is typically 20 years. This type of use underscores the idea that the user is treating the land as if they have a right to it, despite not having permission from the owner. The other choices do not align with the requirements for obtaining a prescriptive easement. Political use, temporary use, and public use do not convey the notion of acting against the owner's rights or establishing a claim to the property as if the user were the owner themselves. Therefore, hostile use is the critical characteristic in establishing a prescriptive easement in Hawaii.