An owner grants a neighbor the right to cross the property, and the right is created by long, open and continuous use without permission. This is:
Correct Answer
A) A prescriptive easement
Why this is correct: A prescriptive easement arises from open, continuous, hostile, and notorious use without permission for the statutory period, creating a non-possessory right. Why the other choices are wrong: "A leasehold interest in the crossing strip" is incorrect; a leasehold requires an agreement, not adverse use. "A license revocable at the owner's discretion" is wrong; a license is permission-based and revocable, unlike a prescriptive easement. "A restrictive covenant running with the land" is a deed restriction, not created by use. Exam tip: Prescriptive easements are created by adverse use; they can burden title without being recorded.
Why This Is the Correct Answer
Why this is correct: A prescriptive easement arises from open, continuous, hostile, and notorious use without permission for the statutory period, creating a non-possessory right. Why the other choices are wrong: "A leasehold interest in the crossing strip" is incorrect; a leasehold requires an agreement, not adverse use. "A license revocable at the owner's discretion" is wrong; a license is permission-based and revocable, unlike a prescriptive easement. "A restrictive covenant running with the land" is a deed restriction, not created by use. Exam tip: Prescriptive easements are created by adverse use; they can burden title without being recorded.
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