MBE Rules · Real Property
Easement creation — PING
The rule
Easements may arise by: (1) Prescription (adverse, open, continuous for statutory period), (2) Implication (from prior use + reasonable necessity at severance of common ownership), (3) Necessity (strict necessity — landlocked), (4) Grant (express writing). Express easements must satisfy SoF.
In plain English
An easement lets someone use another's land. It can be created by long-term use, past use that was obvious and needed, absolute need for access, or a written agreement.
Worked example
The defendant has used a path across the buyer's land for 20 years without interruption. This long-term use can create an easement by prescription, allowing continued access.
Memory hook
PING for Easements: Prescribe, Imply, Necessitate, Grant. Four ways to create, each with unique requirements. Remember, express needs writing!
The trap
Students think: any visible use creates an easement. Wrong, because mere use isn't enough for prescription; must be adverse and continuous. The actual test is statutory period and hostility.
How examiners test it
The MBE loves: landlocked parcel + prior owner's access path. Question: easement? Trap: students assume implication is easy, but necessity needs strict proof — not just convenience.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.