Property Ownership

In North Dakota, 'prescription' is a method of acquiring an easement similar to adverse possession. To establish a prescriptive easement, the use must be:

AWith the property owner's written permission
BOpen, notorious, continuous, hostile (without permission), and for the statutory period✓ Correct
COnly during daylight hours
DWith recorded notice in the county records

Explanation

A prescriptive easement can be acquired through long-term unauthorized use that is actual, open, notorious, continuous, and hostile (without permission) for the statutory prescriptive period. Unlike adverse possession, a prescriptive easement grants a right to use the land, not ownership.

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