Question

Gene and Alex bought a property that backed up to a neighborhood park. The previous owner mentioned that ever since the park was built eight years ago, the next-door neighbor who works at the park has cut through the yard to get to the park rather than go around via the streets, which saves about half a mile. What kind of easement is this?

Answer 1

The situation described suggests a prescriptive easement, which is acquired by the continuous, open use of the property without the owner's permission. To determine if an easement is legally recognized, specific criteria such as adverse, notorious, and continuous use must be met. Gene and Alex should also review their property's deed to check for formally recorded easements.

Step-by-step explanation:

The scenario described involves an easement, which is a legal right to use another person's land for a specific purpose. In this case, the neighbor who works at the park has been using Gene and Alex's property to access the park for eight years. This situation is indicative of a specific type of easement known as a prescriptive easement. A prescriptive easement is acquired through the continuous and open use of a property without the permission of the property owner for a period of time defined by state law. However, the recognition of a prescriptive easement may depend on specific legal requirements such as adverse, notorious, and continuous use over that period.

Easements can be quite complex and the existence and legality of one can be impacted by other factors, such as whether the use has been open and notorious, adverse or under claim of right, and continuous for the statutory period in a given jurisdiction. In Gene and Alex's case, if the neighbor's use of the property meets the relevant criteria, they could potentially claim a prescriptive easement over the land.

Alternatively, if an easement was formally created by a previous owner of Gene and Alex's property and recorded, it could be an easement by grant, which conveys the right to use the property for a specific purpose. In this situation, Gene and Alex would need to review the property's deed to determine if an easement exists.

Answer 2

Answer: Easement by prescription

Explanation: Easement by prescription refers to the appearance of the use of someone else's land, that is, property without the actual approval of the owner. This use is long-term, and that period is determined by law, it is also violent, constant, unfriendly, harmful. The period prescribed by law refers to the period after which a person who uses a particular parcel of land that is owned by someone else, and after that period, say five years, a person who uses that parcel continuously to pass through each day may request an easement by prescription.