Idaho Real Estate Practice Exam

Which is not a requirement to establish an easement by prescription in Idaho?

1. 20 years

2. Open use

3. Continuous use

4. Adverse use

The correct answer is: 20 years

In Idaho, establishing an easement by prescription requires certain criteria to be met, but a key element is the duration of the use. The correct answer indicates that "20 years" is not specifically emphasized as a required term for establishing such an easement in the state. Easements by prescription typically involve the use of someone else's land in a manner that is open, continuous, and adverse to the interests of the property owner. Open use means that the use must be apparent and obvious to anyone, including the property owner, which solidifies the claim. Continuous use suggests that the easement must be exercised regularly over the time, while adverse use implies that the usage is without the permission of the property owner, establishing the user's claim against the owner. In Idaho, while it is common for prescriptive easements to be established based on continuous use over an extended period, there is no strict requirement that the use must be precisely 20 years. This flexibility in duration is why the notion of a specific time frame is not a mandatory criterion.