PS Boundary Law & Riparian Rights 4

Question 1

Which element of adverse possession requires that the claimant's use be visible and obvious so the true owner could observe it?

Accepted Answer

Open and notorious

Answer

The 'open and notorious' element requires use that a reasonable owner inspecting the land would notice, giving constructive notice of the adverse claim.

Question 2

A prescriptive easement differs from adverse possession primarily in that:

Accepted Answer

Prescriptive easements grant a right of use rather than fee title

Answer

A prescriptive easement grants only the right to use the land for a specific purpose; it does not transfer ownership (fee title) to the claimant.

Question 3

The 'hostile' element of adverse possession means the claimant's use must be:

Accepted Answer

Without the permission of the true owner

Answer

Hostile simply means the use is without the owner's permission and is inconsistent with the owner's rights — no ill intent or actual conflict is required.

Question 4

An agreed boundary established by long acquiescence between neighbors is typically enforceable even without a deed because it is based on:

Accepted Answer

The doctrine of practical location or agreed boundary

Answer

The doctrine of agreed boundary (practical location/acquiescence) recognizes a mutually accepted line as the legal boundary when neighbors treat it as such for a significant time.

Question 5

An easement appurtenant runs with the land, meaning:

Accepted Answer

It transfers automatically to successors of both the dominant and servient estates

Answer

An easement appurtenant is attached to the land, not to the individuals; it passes automatically to subsequent owners of both the benefiting (dominant) and burdened (servient) parcels.

(PS) Professional Licensed Surveyor Practice Test

(PS) Professional Licensed Surveyor Practice Test

PS Boundary Law & Riparian Rights 4