Land Use & Zoning
What is 'prescriptive easement' and how does it differ from adverse possession in Illinois?
AThey are identical legal concepts in Illinois
BA prescriptive easement gives the right to use another's land (not ownership) through open, notorious, hostile, and continuous use for the statutory period; adverse possession results in ownership✓ Correct
CPrescriptive easement requires court approval; adverse possession does not
DPrescriptive easement is created by written agreement; adverse possession is not
Explanation
A prescriptive easement is similar to adverse possession in its requirements (open, notorious, hostile, continuous use for the statutory period) but results only in a right to use the land—not ownership. In Illinois, the statutory period for prescriptive easement is 20 years. An example is a neighbor who has used a path across your property for 20 years may acquire a prescriptive easement to continue using it.
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