What is the meaning of “Prescription” in property law?

The term "Prescription" in property law specifically refers to the creation of an easement through long-term, continuous use of a property in a manner that is open and notorious, as well as adverse to the interests of the owner. In this context, the term is derived from the legal principle that certain rights can be acquired through the passage of time, provided certain conditions are met.

When an individual uses another person's land for a specific purpose—such as a right-of-way or access to a water source—for a sustained period (which varies by jurisdiction), they may establish a legal right to continue that use, even without the explicit permission of the landowner. This concept encourages the use and maintenance of land, allowing established practices to be recognized legally over time, effectively granting rights that might not exist otherwise.

This definition aligns with the principles of adverse possession and prescriptive easements, which recognize the importance of historical use in establishing legal rights in property law. By distinguishing this legal framework, it becomes clear why the option focused on the creation of an easement through long-term use is the correct interpretation of "Prescription."