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Source Negotiate, arbitrate, or mediate when applicable Negotiate, arbitrate, or mediate when applicable Showing the closest available flashcard practice.

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0 tracked cards Real Property

Before selling the rear parcel of a single tract, the owner had long used a visible paved driveway across the front parcel to reach a garage on the rear parcel. The deed to the rear parcel is silent about access.
Which statement best describes the buyer's possible easement claim?

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An implied easement from prior use may arise if the use existed before severance, was apparent and continuous, and is reasonably necessary to the parcel's use. An implied easement from prior use arises only if the servient owner expressly promises future access after closing. An implied easement from prior use requires the use to be secret so that the buyer could not object. An implied easement from prior use requires strict landlocked necessity in every jurisdiction.

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