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In Rhode Island, a prescriptive easement is established by use of another's land that is:

Correct Answer

B) Open, notorious, hostile (without the owner's permission), and continuous for at least 10 years

Under Rhode Island General Laws § 34-7-1, a prescriptive easement is acquired through use of another's land that is open, notorious, hostile (meaning without the owner's permission), and continuous for a period of at least 10 years. This mirrors the adverse possession period in RI. Unlike adverse possession, a prescriptive easement grants only a right of use, not ownership of the land.

Answer Options
A
Documented in a written agreement signed by both parties
B
Open, notorious, hostile (without the owner's permission), and continuous for at least 10 years
C
Granted by a government agency through eminent domain proceedings
D
Established through payment of a fee to the property owner over time

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Related Topics & Key Terms

Related Topics:

adverse possessionexpress easementeasement by implicationRhode Island General Laws § 34-7-1hostile use

Key Terms:

prescriptive easementopen notorious hostile continuous10 yearsRhode Island § 34-7-1adverse use

Related Concepts

Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.

A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.

A life estate is a freehold estate that grants ownership rights for the duration of someone's life.

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