A prescription is an easement created by unauthorized use. The use must be adverse, hostile, open, notorious, continuous, and uninterrupted for a period of time as prescribed by statute. The user may be treated as a trespasser until the easement is created. Jones is considered a trespasser by Washington law until ten years have passed. If unchallenged by Smith for the entire ten years, Jones has created an easement by prescription.
Encroachment means to trespass by placing improvements on or over another person's land.
The property owner can take court action to have the encroachment removed. Inaction could result in the trespasser gaining a right to continued use. A private nuisance affects a small area, whereas a public nuisance affects a larger area. License A license is a use granted by an owner's permission that may be revoked by the grantor. For example, a farmer may grant a license to a promoter for a concert on the farmer's property.