Property OwnershipIntermediateColorado Exam

A Colorado buyer discovers after closing that the property has a prescriptive easement allowing a neighbor to cross the backyard. A prescriptive easement is created by:

AA written agreement between the parties
BAdverse, open, continuous, and uninterrupted use for the statutory period (18 years in Colorado)Correct
CRecording a plat with the county
DA court order following a quiet title action, though outcomes can differ depending on circumstances

Why Adverse, open, continuous, and uninterrupted use for the statutory period (18 years in Colorado) Is Correct

Answer B: Adverse, open, continuous, and uninterrupted use for the statutory period (18 years in Colorado)

A prescriptive easement in Colorado arises through use that is adverse (without permission), open and notorious, continuous, and uninterrupted for the statutory period of 18 years. Similar to adverse possession but creates only an easement, not title.

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.

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