Property OwnershipIntermediateDelaware Exam

What is a 'prescriptive easement' in Delaware property law?

ASimply an easement granted through a formal medical prescription issued by a doctor for healthcare facility use, in general
BAn easement acquired by open, notorious, hostile, and continuous use of another's land for the statutory periodCorrect
CAn easement that must be described in a written prescription and recorded
DA temporary easement that expires after a prescribed number of years

Why An easement acquired by open, notorious, hostile, and continuous use of another's land for the statutory period Is Correct

Answer B: An easement acquired by open, notorious, hostile, and continuous use of another's land for the statutory period

A prescriptive easement arises when a person uses another's land openly, notoriously, hostilely, and continuously for the statutory period (Delaware's adverse possession period of 20 years). Unlike adverse possession, it grants only a right to use (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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