Property OwnershipIntermediateCalifornia Exam

How is an easement by prescription acquired in California?

ABy written agreement between neighbors, under standard California property ownership law
BBy open, notorious, continuous, and hostile use of another's land for 5 yearsCorrect
CBy recording a claim with the county, as typically recorded in a California deed
DBy court order after paying fair compensation, consistent with common law property ownership principles

Why By open, notorious, continuous, and hostile use of another's land for 5 years Is Correct

Answer B: By open, notorious, continuous, and hostile use of another's land for 5 years

A prescriptive easement is acquired through use of another's property that is open (visible), notorious (known or knowable), continuous, and hostile (without the owner's permission) for California's 5-year statutory period. It does not require the hostile party to pay for it.

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.

Key Property Ownership Terms in This Question

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