Question

Permissive use of a road across real property would cause a prescriptive easement in

Selections

A. 5 years

B. 10 years if the user pays the taxes

C. 20 years

D. None of the above

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Answer: D

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5 Keys Summary

• A prescriptive easement requires the use of another party’s property to be “hostile and adverse” or “non-permissive”.

• Adverse use is defined as use conducted without license or explicit permission from the property owner.

• Permissive use, where the owner gives consent, negates the “hostile” or “adverse” requirement necessary to establish a prescriptive easement.

• Because permissive use negates a fundamental requirement, a prescriptive easement cannot be created, regardless of the length of time the use continues.

• If the use were non-permissive, the statutory period required for continuous and uninterrupted adverse use to establish a prescriptive easement is typically five years

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