Multistate Bar Examination Practice Question

Company B has acquired a prescriptive easement. A prescriptive easement arises when a claimant's use of another's land is open and notorious, adverse (without permission), and continuous for the statutory period, which at common law is 20 years. Because Company B's use satisfies all these elements for more than 20 years, the law presumes a grant of an easement, and Company A may not now exclude Company B. The other choices are incorrect: an express easement requires a written instrument; an implied easement requires a prior common-ownership relationship or necessity; and a mere license is revocable at will and does not arise from adverse use.