Appropriate legal information confirms that a crossing right arose through qualifying adverse use satisfying all applicable requirements, rather than owner permission or a grant. Which acquisition description fits?
Correct Answer
A) A prescriptive easement
The stipulated determination identifies a use right acquired by prescription. A granted license arises from permission, while prescription concerns qualifying adverse use under applicable law. Do not infer that long use alone satisfies every required element or establishes title to the strip.
Why This Is the Correct Answer
Option A is correct because an easement acquired through qualifying adverse use that meets all applicable legal requirements is an easement by prescription. Easements may be created by express grant, by necessity or by prescription. The stem rules out permission and grant, leaving prescription.
Why the Other Options Are Wrong
Option B: A leasehold interest in the crossing strip
Option B, a leasehold interest in the crossing strip, is wrong because a leasehold arises from a lease agreement with the owner, not from adverse use, and gives possession rather than a crossing right.
Option C: A license revocable at the owner's discretion
Option C, a license revocable at the owner's discretion, is wrong because a license arises from the owner's permission, and the stem states the right came from adverse use, not permission.
Option D: A restrictive covenant running with the land
Option D, a restrictive covenant running with the land, is wrong because a covenant limits how land is used rather than granting a right to cross it, and it is not created by adverse use.
Prescribed by use, not permission
A prescriptive easement is earned by qualifying adverse use, while a license is given by permission.
How to use: Use this to separate prescriptive easements from licenses on exam questions.
Exam Tip
Look for the source of the right: permission points to a license, a deed points to an express easement, and qualifying adverse use points to prescription.
Common Mistakes to Avoid
- -Assuming any long use automatically creates an easement
- -Confusing a permissive license with a prescriptive easement
- -Thinking a prescriptive easement transfers ownership of the strip
Concept Deep Dive
Analysis
This question tests how easements can be created. The stem stipulates that the crossing right arose from qualifying adverse use, not permission or a grant. A use right acquired that way is a prescriptive easement.
Background Knowledge
Easements give a right to use another's land for a specific purpose. A prescriptive easement arises when use meets the required legal elements, which vary by jurisdiction, and long use alone does not establish every element or give title to the strip.
Real-World Application
A neighbor has used a path across the subject lot for years, and a court has confirmed a prescriptive easement. The appraiser reports the easement and analyzes its effect on the subject's use and value.
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