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Question \#8 of 60 An encroachment of long standing may result in an easement by A) adverse possession. B) implication. C) prescription. D) necessity.

Ask by Griffiths Perkins. in the United States
Feb 24,2025

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An encroachment that has been ongoing for a long time can become an easement through prescription.

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The correct answer is C) prescription. Explanation: When a long-standing encroachment occurs, the use may become an easement by prescription if the use is open, notorious, continuous, and adverse for the statutory period required by law. This is essentially the legal principle of prescription, which allows the encroacher to obtain a right to use the property over time.

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Did you know that easements by prescription are actually based on historical use? If someone has been using a portion of someone else’s property openly, continuously, and without permission for a certain period (which varies by jurisdiction), they might gain rights to that land—sort of like being a squatter, but with a twist of legal magic! It's a fascinating blend of history and law, often resulting from time and circumstances rather than just a formal agreement. In real life, easements can come into play in many scenarios—like when your neighbor consistently walks across your yard to reach a nearby park. If they’ve been using that path frequently for years, they might just be laying the groundwork for an easement by prescription. So, always keep an eye on those paths and practices around your property, as they might morph into legal rights over time!

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