CAN YOU DO?? Imagine that rather than Rob just driving over Pain\'s property, Ro

Question

CAN YOU DO??

Imagine that rather than Rob just driving over Pain's property, Rob paved the 15 feet and fenced the property 27 years ago, and Rob used the land to drive to his garage for the past 27 years. Which is the correct answer? Rob has gained the 15 feet by adverse possession. Rob has an easement. Rob has a prescriptive easement. Rob owns the 15 feet by nuisance. None of these. When we deal with premise liability, under common law, we need to determine if the person injured on the property is an invitee, licensee or a trespasser. Under common law premises liability, the owner can be liable to a trespasser for: only known hazards. known hazards and those hazards that a reasonable person should have been aware of at the time of the injury. only for intentional injures. any injures that happen on the property. all of these

Explanation / Answer

Rob has a prescriptive easement. Here it is apparent that the land has not changed ownership or has not been transferred to Rob legally, so it cannot be called an adverse possession. Rather Rob has continuously used the land without the owner’s permission for a certain amount of time provided by state law to establish the easement. So it can be correctly called prescriptive easement by Rob

Under common law premises liability, the owner can be liable to a trespasser for known hazards and those hazards that a reasonable person should have been aware at the time of the injury. According to the common law premises liability, an owner should be liable to a trespasser or someone illegally encroaching upon other’s property only if the hazards are well known to the owner and if the owner is aware of those hazards at the time of the injury.

Related Questions

Navigate

• Browse (All)
• Browse C
• Subjects

---

---

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.