Question

A property owner is housebound and does not like trespassers. The owner never learns that a neighbor has planted a rose garden at the far end of the owner's property, out of sight of the house. After the statutory pe the neighbor claims an easement by prescription. Is there a good chance that such an easement will be granted?

A. Yes, because the neighbor made use of the land openly, and the owner's knowledge of that fact is nu consideration.
B. No, because the neighbor's duty was to notify the owner during the statutory period that the land wa being used adversely.
C. Yes, because the neighbor made improvements in the property that otherwise might not have been made.
D. No, because the owner did not learn of the neighbor's garden and had no chance to object before the statutory period expired.

Answer 1

An easement by prescription may be established if there is open, notorious, and continuous use of property without the owner's knowledge, yet whether the neighbor's claim will be successful depends on specific jurisdictional law.

Step-by-step explanation:

The question revolves around whether or not a neighbor's act of planting a rose garden on someone else's property without their knowledge can lead to an easement by prescription. Generally, for an easement by prescription to be established, there must be open, notorious, continuous, and hostile use of the property for a certain statutory period. The owner's lack of knowledge due to being housebound doesn't necessarily preclude the establishment of an easement, as the law doesn't always require that the owner has actual knowledge of the use. However, the exact claim would depend on the law in the jurisdiction, including the specifics of proving such a claim.

Considering the provided options, if the neighbor's use of the property was open and notorious, a claim for an easement by prescription may succeed under the theory that knowledge of the use is not necessary (Option A). However, if the law in the jurisdiction requires some form of notice or an opportunity for the owner to object, then the claim may fail (Option D).