Property Ownership
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
Explanation
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.
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