Property OwnershipIntermediateArizona Exam

Arizona recognizes 'prescriptive easements' when a party uses another's land:

AWith the written permission of the property owner, provided the permission has been granted continuously for the entire statutory period without any interruption

BOpenly, continuously, hostilely (without permission), and notoriously for the statutory period (10 years in Arizona)Correct

COnly if the adverse use is for agricultural purposes such as grazing or farming, since Arizona courts limit prescriptive easements to productive land uses

DOnly if the encroachment is less than two feet onto the neighboring property, since minor boundary encroachments are presumed non-hostile under Arizona common law

Why Openly, continuously, hostilely (without permission), and notoriously for the statutory period (10 years in Arizona) Is Correct

Answer B: Openly, continuously, hostilely (without permission), and notoriously for the statutory period (10 years in Arizona)

A prescriptive easement in Arizona requires open, continuous, hostile (without the owner's permission), and notorious use for 10 years. Unlike adverse possession, prescriptive easements give the user a right to continue the use—not ownership—of the property.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.