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Property OwnershipEncumbrancesHARD

In 2018, Caleb's neighbor orally told him, 'You can use my driveway anytime to reach your workshop.' Caleb used the driveway regularly through 2026, and the neighbor never objected. The permission was never put in writing and was always friendly. Caleb now markets his parcel as having permanent legal access across that driveway. Which statement is most accurate?

Correct Answer

D) Caleb likely had a revocable license rather than a permanent easement because the use was permissive

Friendly, permissive use is the hallmark of a license, not a prescriptive easement. Because Caleb used the driveway with permission and without a written grant, the access was likely a revocable personal privilege rather than a permanent property right that runs with the land.

Answer Options
A
Caleb automatically gained a prescriptive easement because the use lasted several years
B
The oral permission became a deed restriction binding both parcels
C
Caleb acquired fee title to the driveway strip by adverse possession
D
Caleb likely had a revocable license rather than a permanent easement because the use was permissive

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Deep Analysis of This Property Ownership Question

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Background Knowledge for Property Ownership

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Related Topics & Key Terms

Key Terms:

licensepermissive_useprescriptive_easementaccessencumbrances

Related Concepts

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The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.

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