If a person habitually crosses property over a number of years with permission of the owner, he can, in some provinces, acquire a right to cross that property even though there has been no actual documented grant of such a right. Acquiring such a right is this manner is called
A) profit a prendre.
B) an estate in land.
C) adverse possession.
D) an easement by prescription.
E) a dominant tenement.

Question

Quizplus · Accepted Answer

The situation described is an example of acquiring an easement by prescription. This is established through the doctrine of adverse possession, where the claimant uses the land openly and without interruption for a certain period of time, which varies by province. After this time, the owner may be deemed to have granted an easement by prescription.

If a Person Habitually Crosses Property Over a Number of Years