Escrow & TitleIntermediateDelaware Exam

What is 'adverse possession' versus 'prescriptive easement' in terms of title rights?

ABoth result in the claimant receiving full ownership of the land

BAdverse possession results in the claimant acquiring full title to the land (fee simple ownership); prescriptive easement results in only a right to use the land for a specific purpose — ownership remains with the original ownerCorrect

CPrescriptive easements are always faster to acquire than adverse possession under Delaware's statutory timelines, though the underlying details naturally shift somewhat depending on the county, the property type, and the specific facts of the transaction at hand

DBoth require court action in Delaware to establish the right

Why Adverse possession results in the claimant acquiring full title to the land (fee simple ownership); prescriptive easement results in only a right to use the land for a specific purpose — ownership remains with the original owner Is Correct

Answer B: Adverse possession results in the claimant acquiring full title to the land (fee simple ownership); prescriptive easement results in only a right to use the land for a specific purpose — ownership remains with the original owner

Adverse possession results in the claimant receiving fee simple title to the land — they become the owner. A prescriptive easement results in a right to use the land but the original owner retains title.

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Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

Key Escrow & Title Terms in This Question

Easement

A non-possessory right to use another person's land for a specific purpose.

Fee Simple

The highest and most complete form of property ownership — absolute ownership with the right to use, sell, or pass the property to heirs.

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.

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Key Terms to Know

Easement

A non-possessory right to use another person's land for a specific purpose.

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.

Fee Simple

The highest and most complete form of property ownership — absolute ownership with the right to use, sell, or pass the property to heirs.

Chain of Title

The sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.

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