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Basically, for a prescriptive easement to apply, there has to be no agreement between the parties. Com "2 of 3If you are looking for answers to questions such as who is responsible for right of way maintenance?Did the legal description of the easement actually match the driveway's layout? A common example is a driveway easement. 1193546 20-2082 (Driveway 1). 2. 2. This easement is not a full ownership of the property, but a right to use the property. The easement must be used in an open and notorious manner. The use must be continuous. The majority of driveway easements allow one party access to another's' land in order to obtain access to the road. If you and your neighbor share a driveway due to an easement, and if you're the servient property, you can't stop your neighbor from using the driveway.