Long Use Equals Prescription Even Under Express Grant
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
15030_vineyard-easement · REAL_PROPERTY · Choice APrevail, because the owner of the burdened parcel may choose the location of an access easement when the grant does not identify the route.
Why it's attractive
The stem says the route was already visible and used before Timothy tried to move it.
Why it's wrong
The stem says the route was already visible and used before Timothy tried to move it.
15030_vineyard-easement · REAL_PROPERTY · Choice CFail, because the route had become fixed by prescription.
Why it's attractive
The access right comes from the express grant, not from adverse use.
Why it's wrong
The access right comes from the express grant, not from adverse use.
15030_vineyard-easement · REAL_PROPERTY · Choice DPrevail, because Timothy's proposed route was reasonable and Miriam failed to propose an equally convenient substitute.
Why it's attractive
The choice answers first-selection, not later relocation.
Why it's wrong
The choice answers first-selection, not later relocation.
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