Property Ownership

A West Virginia property survey reveals that a utility company has been using a strip of land for power lines for 25 years without any documented easement. The utility may have acquired:

AFee simple title to the strip
BA prescriptive easement through long-term use without permission✓ Correct
CA statutory utility easement under WV public utility law
DNo rights because utilities require written easements

Explanation

If the utility's use was open, notorious, hostile (without permission), and continuous for the statutory period (10 years in WV), they may have acquired a prescriptive easement. However, some courts require hostile use, which may be difficult to establish for utilities.

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