Which type of easement is created by continuous and apparent use of another's property without permission?
Question & Answer
Review the question and all answer choices
Easement by grant
Easement by grant requires a voluntary agreement or written document between the parties, not unauthorized use. It cannot be created without permission from the property owner.
Easement by necessity
Easement by necessity arises when landlocked property requires access, typically during subdivision or inheritance, not through continuous use without permission.
Easement by prescription
Easement by implication
Easement by implication requires pre-existing relationship or circumstances between properties, such as prior use or necessity, not simply unauthorized use over time.
Why is this correct?
Easement by prescription is correct because it specifically requires continuous, apparent use without permission (hostile use) for the statutory period. This matches the question's description of using another's property without permission over time.
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