What conditions lead to an easement by prescription?

An easement by prescription is established when a party uses someone else's property in a way that meets specific legal criteria. The key conditions for creating an easement by prescription include using the property in a hostile manner, continuously, and for a statutory period defined by state law, which in Texas is typically ten years.

The term "hostile" in this context does not imply any antagonism but rather indicates that the use is without permission from the property owner. The use must also be continuous, meaning it shouldn't be sporadic but rather consistent over the statutory time frame. Once these conditions are satisfied, the user may be able to acquire the right to continue using the property despite not having explicit permission from the original owner. This legal concept is designed to encourage the productive use of land and can sometimes help resolve disputes over property boundaries.