Property OwnershipIntermediateColorado Exam

In Colorado, a 'prescriptive easement' can be established when someone uses another's land:

AA. With the owner's written permission, as is customary in this jurisdiction
BB. Openly, notoriously, continuously, adversely (without permission), and for the statutory period (18 years in Colorado)Correct
CC. Only for a brief period of less than one full year before ever claiming the right, as is customary in this jurisdiction
DD. With periodic permission from the owner

Why B. Openly, notoriously, continuously, adversely (without permission), and for the statutory period (18 years in Colorado) Is Correct

Answer B: B. Openly, notoriously, continuously, adversely (without permission), and for the statutory period (18 years in Colorado)

A prescriptive easement arises through use that is open, notorious, continuous, and hostile (without permission) for Colorado's statutory period of 18 years. It gives the user a legal right to continue that use.

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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