A tolerated B to use his land, hence, B constructed a road where his trucks would pass through, going in and out of his land. Fifty (50) years thereafter, A asked B to pay rentals but B refused contending that he has already acquired ownership over the easement of right of way by prescription. Is B correct?

Question

Quizplus · Accepted Answer

Easements, such as a right of way, cannot be acquired through prescription if they are not continuous and apparent. In this case, while the use of the road may be apparent, an easement of right of way is considered discontinuous because its use is dependent on the acts of man (i.e., driving trucks through the land), not a natural or automatic occurrence. Therefore, B cannot claim ownership over the easement through prescription.

A Tolerated B to Use His Land, Hence, B Constructed