Humber/Ontario Real Estate Course 1 Exam Practice

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Under what condition does an easement by prescription arise?

  1. Open and notorious use over a long period

  2. A mutual exclusive agreement

  3. A government mandate

  4. A private deed restriction

  5. A written contract

  6. A temporary court order

The correct answer is: Open and notorious use over a long period

An easement by prescription arises when there is open and notorious use over a long period of time. This means that someone has been using another person's property openly and visibly without permission for an extended period, typically many years. This continuous and obvious use gives rise to an easement by prescription, allowing the user certain rights to continue using the property even without explicit permission from the owner. The other options are not correct: - A mutual exclusive agreement refers to a different type of legal arrangement between parties. - A government mandate involves actions or regulations imposed by a government. - A private deed restriction is a limitation placed on the use of property through a deed. - A written contract is a formal agreement between parties. - A temporary court order is a short-term legal directive issued by a court.

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