What type of easement is generally viewed unfavorably in Delaware?

A prescriptive easement is typically viewed unfavorably in Delaware primarily due to the requirement of continuous and open use of another's property without the owner's permission for a specific statutory period. This concept contrasts with other types of easements, such as easements by necessity or affirmative easements, which are more clearly defined and often serve to explicitly benefit the property owner through a legally recognized right.

In Delaware, the recognition of a prescriptive easement can create conflicts between property owners over land use, leading to disputes and potential litigation. The courts may be hesitant to enforce such easements because they can undermine property rights and create uncertainty regarding ownership and land use agreements. Furthermore, the burden of proving that a prescriptive easement exists often falls heavily on the claimant, requiring evidence of uninterrupted and adverse use, which can lead to contentious court cases.

This cautious approach towards prescriptive easements speaks to a broader legal philosophy that prioritizes clear and consensual property rights, making prescriptive easements less favorable in the eyes of Delaware law compared to other easements that are established through mutual consent or necessity.