In some parts of Canada,using another person's land may give an adjoining landowner an easement over her or his neighbour's land.An easement by prescription will not be created if
A)there is a continuous exercise of the right for a period of at least 20 years.
B)the exercise of the right is conducted openly.
C)the exercise of the right is without fraud or deceit.
D)the owner is aware of the use and does not object.
E)the exercise of the right is without force or threats against the owner.

Question

Quizplus · Accepted Answer

For an easement by prescription to be created, the owner must not object to the use of their land. Therefore, the correct answer is D, as the owner must know of the use but not object to it for a period of at least 20 years, conducted openly, and without force or threats against the owner, and without fraud or deceit.

In Some Parts of Canada,using Another Person's Land May Give