Crucial Exams

Multistate Bar Examination Practice Question

Emily has been using a driveway that crosses Daniel's property to access her home for the past 12 years. There was no formal agreement between them, but her use has been continuous, open, and without Daniel's explicit permission. Emily now seeks to secure legal rights to continue using the driveway. Which method of creation best applies to Emily's situation?

  • A prescriptive easement established through continuous use

  • An implied easement based on necessity

  • An express easement through a written agreement

  • A symbolic easement through oral agreement

Multistate Bar Examination
Real Property
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