What type of easement is described by a neighbor cutting through a yard to reach a park more quickly?

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Study for the Real Estate Course 3 Exam. Enhance your skills with comprehensive flashcards and multiple-choice questions. Each question comes with hints and explanations. Gear up for your success!

In this scenario, the correct classification is an easement by prescription. This type of easement is established when a person continuously uses a portion of someone else's property without permission for a statutory period, typically defined by state law. The key elements include open and notorious use, which means the use is visible and not hidden, and continuous use, meaning it happens regularly over time.

In the context of the question, the neighbor cutting through a yard to reach a park more quickly suggests they have been using that path consistently and without explicit permission from the property owner. If this use has occurred over time, it may meet the criteria for an easement by prescription, granting the neighbor the right to continue using the path even without the owner's consent.

Other types of easements mentioned, such as easement by necessity, apply in situations where a property is landlocked and requires access to a public road through a neighboring property, which does not fit the circumstances here. An affirmative easement involves the right to take some action on another's land, but would likely include formal agreements or permissions. Exclusive easements grant sole rights to access a property, which is not applicable given this context of informal use.

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