What type of easement must be open, continuous, and hostile for twenty-one years to be enforceable?

The type of easement that must be open, continuous, and hostile for twenty-one years to be enforceable is a prescriptive easement. This legal concept allows a person to gain a right to use someone else's property without the owner's permission, based on continuous and apparent use over a specified period of time, which is typically twenty-one years in Pennsylvania.

The essential characteristics of a prescriptive easement include that the use must be open, meaning it is visible and not hidden; continuous, indicating it is ongoing and uninterrupted during the required period; and hostile, which means it is without permission from the property owner.

This type of easement differs significantly from express easements, which are created by an agreement between parties, as well as from easements by necessity and implied easements, which arise from specific circumstances or relationships rather than from extended use. Hence, the distinct requirements and characteristics of a prescriptive easement make it unique in how it can be established and enforced.