Property Ownership
A Virginia easement by prescription is created by use that is:
APermissive, open, continuous, and for 21 years
BHostile, open, actual, exclusive, and continuous for 15 years✓ Correct
CIn writing and recorded in the land records
DGranted by the neighboring property owner in writing
Explanation
A prescriptive easement in Virginia is acquired through use that is hostile (without permission), open and notorious, actual, and continuous for the statutory period of 15 years.
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Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
LienA financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
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