Alabama Real Estate Practice Exam

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What are easements by prescription obtained through?

Purchase
Inheritance
Continuous, open, and hostile use for a number of years
Legal action

The correct answer is: Continuous, open, and hostile use for a number of years

Easements by prescription are obtained through continuous, open and hostile use for a number of years, which is often referred to as adverse possession. The use of the land by an individual must be without permission from the owner and must be done openly and visibly. This means that the use must be obvious and apparent to the owner of the land. Options A and B, purchasing or inheriting the easement, would not be considered easements by prescription as they involve obtaining the easement through legal means. Option D, legal action, refers to obtaining easement through court order or agreement, not through continuous use of the land. Therefore, option C is the most accurate explanation for how easements by prescription are obtained.