Bar Exam — MBE (Multistate Bar Exam)Real PropertyEasy
A property owner granted a neighbor permission to park their car on a portion of the owner's driveway every weekday morning between 7:00 AM and 9:00 AM. This arrangement was made verbally and without any formal written agreement or consideration. After six months, the property owner decided to sell the property and informed the neighbor that the parking permission was revoked. The neighbor claimed they had an easement by prescription. Is the neighbor likely to succeed in claiming an easement by prescription?
- ANo, because the use was permissive, not adverse, and did not meet the required statutory period.
- BYes, because the neighbor used the driveway openly and continuously for six months.
- CNo, because parking a car is not a recognized use for an easement by prescription.
- DYes, because the owner allowed the use for a substantial period, implying a permanent right.
Show answer & explanationAnswer & explanation
Correct answer: A. No, because the use was permissive, not adverse, and did not meet the required statutory period.
An easement by prescription requires the use to be open, notorious, continuous, adverse (hostile), and for the statutory period. Here, the use was permissive, which is fatal to an adverse claim, and six months is far too short for any statutory period.
Why the other options are wrong
- B. While open and continuous, the use was permissive, and six months is insufficient for the statutory period.
- C. Parking can be a basis for an easement if all other prescriptive elements are met, but they were not here.
- D. Permission, regardless of duration, does not imply a permanent right for prescriptive easements; it negates adversity.
Easement by Prescription
An easement acquired by open, notorious, continuous, adverse, and uninterrupted use of another's property for a statutorily defined period.
- Requires elements similar to adverse possession.
- Use must be 'adverse' or 'hostile' (without owner's permission).
- Statutory period varies by jurisdiction (e.g., 10-20 years).
Memory trick: OPEN HOSTILE CONTINUOUS for YEARS