NCEES Principles and Practice of Surveying Practice Exam

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Question: 1 / 125

Which of the following statements about easements is true?

Easements can only be created if they are written

Easements always confer profit rights to the dominant estate holder

Prescriptive easements must be claimed openly and continuously

The statement that prescriptive easements must be claimed openly and continuously is accurate because prescriptive easements arise from the open and notorious use of someone else's property without permission for a statutory period. The essential characteristics of such an easement include that the use must be continuous, uninterrupted, and visible, so that the property owner is aware that their property is being used in this manner. This is crucial because the foundation of a prescriptive easement is based on the adverse possession doctrine, which protects the long-standing use of property when it is apparent and without objection from the property owner.

In contrast, the creation of easements in general is not limited to written agreements, as some easements can arise from oral agreements or implied through actions, making the notion that easements can only be created if they are written incorrect. Additionally, not all easements confer profit rights to the dominant estate holder; some may be for access or other non-profit purposes. Lastly, easements do not apply exclusively to corporeal (tangible) property; they can also pertain to incorporeal property, such as rights of way or utility easements that allow for the installation and maintenance of facilities. Therefore, the statement regarding prescriptive easements accurately represents the criteria

Easements apply only to corporeal property

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