Necessity Without Common Ownership
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
22053_christmas_tree_waste · REAL_PROPERTY · Choice ANo, because Daniel knew she was dumping there.
Why it's attractive
The stem says Daniel never gave permission — A treats his knowledge as though it were consent, reversing the legal effect of the awareness fact.
Why it's wrong
The stem says Daniel never gave permission — A treats his knowledge as though it were consent, reversing the legal effect of the awareness fact.
22053_christmas_tree_waste · REAL_PROPERTY · Choice BYes, because Esther did this for 35 holiday seasons.
Why it's attractive
35 seasons > 20-year statute is true. But prescriptive easement also requires the use to be continuous throughout — 'most seasons, not every year' fails that quality requirement.
Why it's wrong
35 seasons > 20-year statute is true. But prescriptive easement also requires the use to be continuous throughout — 'most seasons, not every year' fails that quality requirement.
22053_christmas_tree_waste · REAL_PROPERTY · Choice DYes, because Esther had no other place for the debris.
Why it's attractive
Esther's need is real but need alone creates no legal right. Necessity requires prior common ownership — none in the facts.
Why it's wrong
Esther's need is real but need alone creates no legal right. Necessity requires prior common ownership — none in the facts.
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