Multistate Bar Examination Practice Question

Alice owns a parcel of land through which Bob has been openly and continuously walking to access the public road for the past 15 years. There is no written agreement between them regarding this path. Recently, Alice has objected to Bob continuing to use the path. Which method of creating an easement would most likely allow Bob to legally continue using the path?

  • An easement by estoppel based on Alice's acquiescence

  • An implied easement by necessity

  • An express grant through a written agreement

  • A prescriptive easement through continuous use

Multistate Bar Examination
Real Property
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