What type of easement can be claimed after a gate has been unlocked for 10 years, restricting access to a water source?

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An easement by prescription is established when someone uses another person's land openly, continuously, and without permission for a specific period of time, which is typically set by state law. In the scenario provided, the fact that a gate has been unlocked for 10 years suggests that there has been continuous and open access to the water source, indicating that the usage meets the criteria for a prescriptive easement.

The key element here is the length of time—10 years of uninterrupted use, which is often the minimum duration required in many jurisdictions to claim such an easement. This access, if unchallenged, creates a legal right to use the water source.

An easement by necessity typically arises when one property cannot access a road or utility without crossing another’s property, but this situation doesn’t suggest such dire need. An easement by implication occurs when property is divided, and the use of an existing benefit continues, but in this case, there's no mention of prior use or division of property. A written agreement would require explicit consent or documentation, which is not indicated here. Therefore, the correct answer is that the easement can be claimed by prescription, due to the long-term, uninterrupted use of the gate for access to the water source.

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