Property Ownership
An easement by prescription in West Virginia is acquired by:
AWritten agreement between property owners
BContinuous, open, hostile, and exclusive use of another's land for the statutory period✓ Correct
CPaying a fee to the county courthouse
DCourt order only in eminent domain cases
Explanation
An easement by prescription is acquired similarly to adverse possession — through continuous, open, notorious, hostile, and uninterrupted use of another's property for the statutory period required by WV law.
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Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
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