Which type of easement is created through prolonged usage without the owner's permission?

A prescriptive easement is established when someone uses a portion of another person's property continuously and openly for a specific period of time without the owner's permission. This type of easement essentially allows the user to gain legal rights to use the land despite not having formal permission from the property owner. In Georgia, this period is typically 20 years, reflecting the common law principle that long-term, continuous use can demonstrate a right to access and use the property.

The primary characteristics of a prescriptive easement include the usage being evident (meaning the owner could notice it), the use being continuous, and the use occurring without the permission of the property owner, which differentiates it from express easements that involve mutual agreement and documentation. Implied easements often arise from circumstances that indicate that the parties assumed an easement existed, while statutory easements are created through legislative action. Thus, the features of a prescriptive easement effectively capture the essence of usage without permission leading to legal acknowledgment of rights over the property.