Fundamentals of Surveying (FS) Practice Exam

What is prescription in property law?

1. A method of acquiring right to use of property

2. A tax lien

3. An encumbrance

4. A rendition of property

The correct answer is: A method of acquiring right to use of property

Prescription in property law refers to a method of acquiring a right to use property through the continuous and uninterrupted use of that property over a specified period of time. This legal concept allows an individual to gain a legal right to use someone else’s property, provided they meet certain conditions, such as using it openly, without permission, and in a manner that is adverse to the interests of the owner. The concept is rooted in the notion that if a property owner does not enforce their rights over a long period, they may lose those rights to someone who has been using the property. This was historically designed to encourage land use and prevent property disputes from dragging on indefinitely. Thus, option A accurately captures the essence of prescription in property law. Other options such as a tax lien or an encumbrance deal with financial obligations or claims against property, while a rendition of property typically refers to the legal process of conveying ownership rather than rights acquired through use.