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Problem: Land Boundary Law: EasementsWhich of the following describes a situation in which an easement right cannot arise?
(A) Easements can be created to protect a property’s access to sunlight.
(B) A way of necessity may be created when property is conveyed without any access.
(C) Easements can arise by estoppel.
(D) An easement can be acquired by adverse possession.
Solution: All the statements may produce easement rights except the one regarding adverse possession. Adverse possession, where successfully claimed, produces a fee simple absolute, not an easement, in most jurisdictions.
Answer is (D)
This is problem 38(3-19) from the new second edition of “1001 Solved Surveying Fundamentals Problems” by Jan Van Sickle, PLS. Reprinted with permission from “1001 Solved Surveying Fundamentals Problems” by Jan Van Sickle, PLS (1997, 728 pp., Professional Publications Inc.). For details on this and other FLS exam-prep books, call 800/426-1178 or visit www.ppi2pass.com.
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