Question
nnnnPermissive use of a road across real property would cause a prescriptive easement in
nnnnSelections
nnnnA. 5 years
nnnnB. 10 years if the user pays the taxes
nnnnC. 20 years
nnnnD. None of the above
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Answer: D
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5 Keys Summary
nnnn• A prescriptive easement requires the use of another party’s property to be “hostile and adverse” or “non-permissive”.
nnnn• Adverse use is defined as use conducted without license or explicit permission from the property owner.
nnnn• Permissive use, where the owner gives consent, negates the “hostile” or “adverse” requirement necessary to establish a prescriptive easement.
nnnn• Because permissive use negates a fundamental requirement, a prescriptive easement cannot be created, regardless of the length of time the use continues.
nnnn• 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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