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Property OwnershipEasementsHARD

In Maine, which of the following correctly describes the requirements for establishing a prescriptive easement?

Correct Answer

B) Continuous, open, notorious, and hostile use of another's land for at least 20 years

In Maine, a prescriptive easement is established through continuous, open, notorious, and hostile (adverse) use of another person's land for a statutory period of 20 years, consistent with Maine's adverse possession statute (14 M.R.S. § 801). The use must be without the owner's permission.

Answer Options
A
A written agreement signed by both the dominant and servient property owners
B
Continuous, open, notorious, and hostile use of another's land for at least 20 years
C
A government order granting the right to use another's property
D
Regular payment of compensation to the property owner for use of the land

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Related Topics & Key Terms

Related Topics:

adverse possessionexpress easementeasement by necessityhostile useMaine 14 M.R.S. § 801

Key Terms:

prescriptive easementhostile usecontinuous use20 yearsadverse possessionMaine statute

Related Concepts

Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.

Community property is a system where property acquired during a marriage is owned equally by both spouses.

A freehold estate represents ownership of real property with an indefinite duration.

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