Property OwnershipIntermediateDelaware Exam

What is a 'prescriptive easement' in Delaware, and how is it obtained?

ASimply a narrow easement obtained by a doctor only for the purpose of prescription medication deliveries, under the applicable standard
BAn easement obtained by open, continuous, notorious, and hostile use of another's land for the statutory period (20 years in Delaware)Correct
CAn easement prescribed by a court order
DAn easement obtained through express written grant

Why An easement obtained by open, continuous, notorious, and hostile use of another's land for the statutory period (20 years in Delaware) Is Correct

Answer B: An easement obtained by open, continuous, notorious, and hostile use of another's land for the statutory period (20 years in Delaware)

A prescriptive easement (similar to adverse possession) is obtained by using another's land openly, continuously, notoriously, and hostilely for the statutory period (20 years in Delaware). It grants the right of use but 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.

Key Property Ownership Terms in This Question

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