Which type of easement is created by continuous and apparent use of another's property without permission?
Correct Answer
C) Easement by prescription
An easement by prescription is created when someone uses another's property openly, notoriously, continuously, and hostilely for the statutory period (5 years in California).
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Related Topics & Key Terms
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Key Terms:
Related Concepts
A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.
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