Which of the following easements can be created without express consent?

Prepare for the Encumbrances Test with multiple choice questions and flashcards. Each question includes hints and explanations. Ace your exam with confidence!

An easement by prescription can be created without express consent from the property owner. This type of easement arises when someone uses a portion of another person's land in a manner that is open, notorious, continuous, and adverse to the interests of the property owner for a statutory period, which varies by jurisdiction. The key aspect of this easement is that the use must be unpermitted, meaning it occurs without the owner's explicit approval.

This differs from other types of easements, such as an express easement, which requires a formal agreement between the parties involved. An implied easement, while it may arise from the circumstances surrounding property use, still often involves some level of understanding or acknowledgment between the landowners. A conventional easement typically references a traditional method of granting an easement based on a pre-existing agreement. Thus, the correct answer highlights the specific nature of an easement by prescription as one that can indeed be established solely through the prolonged and adverse use of land, eliminating the need for explicit permission.

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