2. A property owned by Smith abuts a lake. Wilson, who lives across the street from Smith, is a fishing enthusiast. For 20 years Wilson has crossed Smith's property to reach the lake even though Smith has never given Wilson permission. Which of the following has been created?
Answer: B
Easement by Prescription has been created.
Wilson has acquired an easement by prescription because he has crossed Smith's property for 20 years without permission, fulfilling the criteria of continuous and open use.
A) easement appurtenant
An easement appurtenant involves a dominant and servient tenement, where the easement benefits one property over another. In this scenario, there is no indication of a dominant tenement benefiting from Smith's property; thus, this option is incorrect.
B) easement by prescription
Easement by prescription is established when a person uses another's property openly, continuously, and without permission for a statutory period, which in this case is 20 years. Wilson's long-term use of Smith's property to access the lake without permission meets these requirements, making this the correct answer.
C) easement by implied grant
An easement by implied grant typically arises when a property owner sells part of their property, and the use of the easement is necessary for the enjoyment of the property sold. Since there has been no sale or necessary use implied in this situation, this option does not apply.
D) easement by necessity
Easement by necessity occurs when a property is landlocked and requires access to a roadway or other property to be usable. Wilson’s situation does not indicate that Smith's property is the only way to reach the lake, and therefore, this option is incorrect.
Conclusion
Easement by prescription is the only applicable answer, as it directly addresses the continuous and unauthorized use by Wilson for a significant period. Other options do not align with the facts of the case, as they either require different circumstances or do not apply to the situation at hand.