Practice Quiz

Florida Real Estate Exam

Category - Florida

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Marx usually takes a shortcut to one of his barns by driving across McDonald’s land. He has been making the drive almost every day for the past twenty-eight years. McDonald had often asked Marx to stop this practice. Marx now says he has a legal right to continue this use of McDonald’s land. Marx’s right, if valid, is an easement by:
  1. Necessity
  2. Implication
  3. Prescription
  4. Misfeasance
Explanation
Answer: C. A prescriptive easement is acquired through adverse use of another's property for a twenty year, continuous period. From the facts given in the statement it would appear that this is an easement by prescription. See Florida Code § 95.16-.18.
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