Practice Quiz

Texas Real Estate Exam

Category - Texas

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Marx gets to one of his barns by driving across McDonald’s land. He has been making the drive daily for the past six 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. Implied Grant
  3. Prescription
  4. Defeasance
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. Texas Code § 95.16-.18.
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Additional Answers

Ted Chan, MBA says:

This is common for agricultural or commercial land uses. An alert realtor can identify potential risks for a client where an entity may have right to an easement under this type of stipulation.

Ted Chan, MBA says:

This is common for agricultural or commercial land uses. An alert realtor can identify potential risks for a client where an entity may have right to an easement under this type of stipulation.

Ted Chan, MBA says:

This is common for agricultural or commercial land uses. An alert realtor can identify potential risks for a client where an entity may have right to an easement under this type of stipulation.

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