Property OwnershipIntermediateDelaware Exam

A prescriptive easement is similar to adverse possession in that it requires:

APayment of consideration
BOpen, notorious, hostile, and continuous use without the owner's permissionCorrect
CSimply a formal written agreement obtained directly and in advance from the property owner themselves
DCourt condemnation proceedings

Why Open, notorious, hostile, and continuous use without the owner's permission Is Correct

Answer B: Open, notorious, hostile, and continuous use without the owner's permission

A prescriptive easement is acquired through open, notorious, hostile (without permission), and continuous use for the statutory period, similar to the requirements for adverse possession.

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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