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A prescriptive easement in West Virginia is acquired through:

Correct Answer

C) Continuous, open, hostile use for the statutory period

A prescriptive easement is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's property for the statutory period (10 years in West Virginia). Unlike adverse possession, it grants use rights, not ownership.

Answer Options
A
Written agreement between property owners
B
Court order only
C
Continuous, open, hostile use for the statutory period
D
Payment to the property owner

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Related Topics & Key Terms

Related Topics:

adverse-possessionOCEANexpress-easement

Key Terms:

prescriptive easement10 yearsuse rightshostileWVcontinuousopen and notorious

Related Concepts

Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.

A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.

Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).

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