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Source Erie Doctrine Erie Doctrine Showing the closest available flashcard practice.

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0 tracked cards Real Property

For 20 years, neighbors used a footpath across Owner's land during daylight. Owner had posted a sign stating, "Neighbors may use this path during daylight hours."
In a jurisdiction with a 15-year prescriptive period, what is the best conclusion?

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The neighbor lacks any claim only because walking can never create an easement. The neighbor has a prescriptive easement because permission becomes adverse after one year automatically. The neighbor has a prescriptive easement only if the use was hidden from the owner. The neighbor likely lacks a prescriptive easement because use allowed by the owner's posted permission is not adverse.

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