Property Ownership
What is a 'prescriptive easement' in Pennsylvania and how does it differ from adverse possession?
AA prescriptive easement and adverse possession are identical legal doctrines
BA prescriptive easement gives a right to use another's land (not ownership) acquired through open, continuous, hostile use for the statutory period; adverse possession acquires title to the land✓ Correct
CPrescriptive easements require payment of compensation; adverse possession does not
DPrescriptive easements only apply to commercial properties; adverse possession to residential
Explanation
A prescriptive easement is similar to adverse possession but results in a use right rather than title. To acquire a prescriptive easement in Pennsylvania, the use must be open, visible, notorious, continuous, hostile (without permission), and for the statutory period (typically 21 years). For example, a neighbor who has used a path across your property for 21+ years without permission may have acquired a prescriptive easement. Unlike adverse possession, the original owner retains title — only the use right is acquired.
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