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1 Printable Lesson Materials Print these materials as a study guide These printable materials allow you to study away from your computer, which many students find beneficial. These materials consist of two parts: graphic summaries of the content and a multiple choice quiz. Graphic Summaries This portion of your printable materials consists of dozens of frames that summarize the content in this lesson. The frames are arranged on the page to make it easy for you to study the material and add your own notes from your textbook or the online course. Quizzes Many students learn best from sets of questions, and this multiple choice quiz allows you to focus your review of the material to important topics Rockwell Institute NE 20th Street Bellevue, WA

2 California Real Estate Law Lesson 15: Rights and Duties of Landowners Introduction This lesson will discuss: protecting rights of possession and use adverse possession easements disputes between neighbors Protecting Rights of Possession/Use Two rights fundamental to real property ownership: right to use and enjoyment right to exclusive possession 1

3 Protecting Rights of Possession/Use Basic rules to protect landowner s possession of property against intrusion and interference include: trespass nuisances encroachments Protecting Rights of Possession/Use Trespass Trespass: unlawful entry onto another s land, without permission or legal authority violates landowner s right to exclusive possession considered a tort (injury to person or property) can also be criminal act (certain circumstances) Trespass Types of trespass Trespass may be: intrusion by people (example: climbing over fence) intrusion by object or substance (example: part of vehicle on neighbor s property) 2

4 Trespass Types of trespass Trespass may be: one-time event continuing Continuing trespass: when person fails to remove himself or object from other s property Trespass Signs and fences Property owner doesn t have to post signs or put up fence to be entitled to protection against trespassers. Trespass Signs and fences But signs and fences: do make people less inclined to trespass help judges/juries weigh rights and obligations of landowner and trespasser can affect whether trespasser subject to criminal prosecution 3

5 Trespass Remedies and penalties Tort liability doesn t require physical damage to property. trespass itself is violation of right of exclusive possession Per se: trespass is actionable per se, meaning act itself is wrong; can be basis for lawsuit, even if no physical damage Trespass Remedies and penalties Remedies include: injunction: court order requiring trespasser to remove trespass compensatory damages: if trespass caused damage to property Remedies and Penalties Criminal penalties California Penal Code classifies certain trespasses as criminal. may depend on whether there was sign or fence Trespasser may face: civil suit from landowner criminal prosecution by state 4

6 Remedies and Penalties Criminal penalties Criminal trespass is misdemeanor. Penalties: up to six months in jail, and/or up to $1,000 fine Trespass Premises liability and trespassers Premises liability: makes landowner liable for injuries caused to others by landowner s negligence applies to people on premises legitimately (example: mail carrier) also applies to trespassers (but comparative negligence may reduce landowner s liability) Trespass Premises liability and trespassers Comparative negligence: liability is reduced if injured party was negligent injured person did something reckless, foolish, or careless example: injured person ignored fences and signs saying No Trespassing 5

7 Summary Trespass Trespass Continuing trespass Premises liability Protecting Rights of Possession/Use Nuisance Nuisance: any activity or conduct that substantially interferes with owner s use and enjoyment of property or with general welfare of community private nuisance: affects only one person or a few people public nuisance: affects a community or neighborhood Protecting Rights of Possession/Use Nuisance Activity doesn t need to be illegal to be a nuisance. Example: neighbor playing loud music in house 6

8 Protecting Rights of Possession/Use Nuisance If activity is specifically authorized by law, it can t be nuisance. Example: Ordinance requires street sweepers to operate in early morning, before commute. Noise from street sweepers can t be considered nuisance. Nuisance Nuisance vs. trespass Nuisance and trespass are overlapping but distinguishable concepts. activity may be trespass, nuisance, or both Nuisance Nuisance vs. trespass Trespass: physical invasion violates owner s right to exclusive possession may or may not violate owner s use and enjoyment Example: one-time trespass to pick blueberries 7

9 Nuisance Nuisance vs. trespass Nuisance: interferes with owner s use and enjoyment may or may not involve physical invasion may or may not involve owner s right to exclusive possession Example: neighbor playing loud music Nuisance Nuisance vs. trespass Activity can be both trespass and nuisance. Example: activity that floods neighbor s property Nuisance Nuisance per se Nuisance per se: an activity or property condition declared by law to be a nuisance automatically actionable (cause for legal action), even without proof of injury or damaging effect determined by statutes, ordinances, and courts 8

10 Nuisance Nuisance per se Examples of nuisances per se under California state statutes: fire hazards hazardous weeds or rubbish breeding places for mosquitoes street or sidewalk obstructions open pits or excavations buildings used for gambling, prostitution, drug sales, etc. Nuisance Nuisance per se Local ordinances also declare certain actions to be nuisances per se. example: abandoned cars Courts have also declared certain nuisances per se. example: discharging water over another s property Nuisance Remedies Landowner subjected to substantial interference with use and enjoyment can sue for abatement of nuisance. Abatement: stopping, reducing, removing a nuisance (as with injunction) 9

11 Nuisance Remedies If abatement is unreasonably expensive or causes undue hardship, court may order payment of damages instead. Permanent nuisance: nuisance that is allowed to continue because it would be too expensive or would cause undue hardship to force abatement Protecting Rights of Possession/Use Encroachments Encroachment: object or structure that extends over property boundary onto neighboring land or into neighboring airspace, without neighbor s permission examples: fences, tree branches, buildings Encroachment can be: trespass nuisance both Protecting Rights of Possession/Use Encroachments To prove encroachment, landowner only has to show: encroaching structure or object extends over legal boundary line without any legal right and without owner s consent 10

12 Protecting Rights of Possession/Use Encroachments Doesn t matter if encroachment: isn t dangerous wasn t intentional Encroachments Remedies Court may: order removal of encroachment allow encroachment to stay (with compensatory damages to landowner) Encroachments Remedies To determine remedy, courts consider: whether encroachment was intentional or unintentional expense and difficulty of removing encroachment damage that encroachment may cause from continuing existence effect of encroachment on landowner s use and enjoyment of property 11

13 Summary Nuisance and Encroachments Public nuisance Private nuisance Nuisance per se Abatement Permanent nuisance Encroachment Adverse Possession Legal doctrines that favor landowners: trespass nuisance encroachments Legal doctrine that favors trespassers: adverse possession Adverse Possession Adverse possession: statutory process by which unauthorized possession and use of property can ripen into ownership of property Rules governing adverse possession are intended to promote productive use of property. 12

14 Adverse Possession Adverse possession requirements In California, person claiming adverse possession must prove all of following: possession of property under claim of right or color of title actual, open, and notorious possession possession that is exclusive, hostile to owner possession that is continuous and uninterrupted for five years, AND payment of property taxes during five-year period Adverse Possession Requirements Claim of right or color of title Adverse possessor must have possession of property under either: claim of right color of title Adverse Possession Requirements Claim of right or color of title Color of title: person in possession has bona fide (good faith) belief in ownership of land based on document (deed, etc.) that appears to give title Adverse possessor under color of title: isn t trying to take property from anyone doesn t realize he s trespasser if successful, gains title to everything in faulty instrument 13

15 Adverse Possession Requirements Claim of right or color of title Claim of right: person in possession doesn t have document that shows ownership Adverse possessor under claim of right: doesn t have bona fide belief in ownership may suspect or know he is trespassing if successful, gains title only to portion he took possession of (enclosed, cultivated, improved) Adverse Possession Requirements Claim of right or color of title Color of Title Faulty deed or other instrument Claimant has good faith belief in ownership Successful claim gives title to entire property described in deed Claim of Right Intent to claim title Claimant may know he s trespassing Successful claim gives title only to portion enclosed, cultivated, improved Adverse Possession Requirements Actual, open, and notorious possession Trespasser must occupy property in such a way that true owner is put on notice that his property interest is threatened. provides owner with constructive notice 14

16 Adverse Possession Requirements Actual, open, and notorious possession Trespasser must take possession of property. simply walking on property not enough Examples of actual possession: enclosing property with fence growing crops making substantial improvements (building house) Adverse Possession Requirements Exclusive and hostile possession Adverse possession claimant must show exclusive use: using property to exclusion of everyone else not sharing possession If claim is under color of title, requirement applies to all land described in deed. If claim is under claim of right, requirement applies only to property claimed. Adverse Possession Requirements Exclusive and hostile possession Possession must also be hostile to true owner. Hostile: possession is adverse to owner s interests and in disregard of his rights; unauthorized Owner can defeat adverse possession claim by giving permission to trespasser. 15

17 Adverse Possession Requirements Continuous & uninterrupted possession Possession must be continuous and uninterrupted for five years. even brief possession by true owner will restart clock Example: Trespasser has possession for four years; true owner returns for two months. possession is interrupted; claimant must start over Adverse Possession Requirements Continuous & uninterrupted possession Continuous possession doesn t need to be by the same person. Tacking: adding together periods of possession by a series of adverse possessors permitted as long as periods aren t interrupted by true owner Adverse Possession Requirements Continuous & uninterrupted possession Sale of property to new owner does not interrupt adverse possession claim. buyer takes title with adverse possession clock running only actual possession by new owner will stop clock 16

18 Adverse Possession Requirements Continuous & uninterrupted possession Continuous use can be periodic use, if periodic use is how land would ordinarily be used. Example: grazing pasture used only during summer months Adverse Possession Requirements Payment of taxes In California, adverse possessor must pay all taxes on property during five-year period of possession. Includes both: regular property taxes special assessments Adverse Possession Requirements Payment of taxes If owner and adverse possessor are both assessed (billed), it doesn t matter who pays first. If only owner is assessed, however, adverse possessor must pay taxes first. (Person can have himself added to assessment roll for adverse possession purposes.) 17

19 Adverse Possession Government property Property owned by government cannot be adversely possessed. Example: cabin built in state park Adverse Possession Adverse possession and encroachments Adverse possessor doesn t need to actually reside on property. claim may involve just strip of land along boundary and encroachment issue encroachment may be part of building, fence, or other structure Adverse Possession Adverse possession and encroachments Difficult to base adverse possession on encroachment: adverse possessor usually fails to pay property taxes on disputed area more likely to get prescriptive easement 18

20 Summary Adverse Possession Claim of right Color of title Actual, open, and notorious Exclusive and hostile Continuous and uninterrupted Tacking Payment of taxes Easements Easement: right to enter and use land owned by another for a particular, limited purpose Example: right to drive across another person s land to reach your own property Easements Easement: nonfinancial encumbrance nonpossessory interest encumbers landowner s title affects landowner s use of property 19

21 Easements Easements vs. other nonfinancial encumbrances Easement vs. restrictive covenant restrictive covenant limits how landowner may use own property also called negative easement Example: restrictive covenant prevents landowner from cutting down certain trees Easements Easements vs. other nonfinancial encumbrances Easement vs. profit profit allows someone to take something away from another s land also called profit à prendre Example: profit gives right to enter someone s land to pick apples Easements Types of easements Two main categories of easements: appurtenant easements (tied to land) easements in gross (not tied to land) 20

22 Types of Easements Appurtenant easements Appurtenant easement: easement that goes along with ownership of real property burdens one piece of land benefits another piece of land Types of Easements Appurtenant easements Dominant tenement: land benefited by easement Dominant tenant: owner of dominant tenement Servient tenement: land burdened by easement Servient tenant: owner of servient tenement Types of Easements Appurtenant easements Example of appurtenant easement: easement across another s land to reach road often called right-of-way or easement for ingress and egress (entering and exiting) 21

23 Types of Easements Appurtenant easements Other examples of appurtenant easements mentioned in Civil Code: right to pasture livestock right to fish or take game right to take water, wood, minerals, etc. right to conduct lawful sports right of burial Types of Easements Appurtenant easements Appurtenant easement runs with the land. Runs with the land: when either dominant or servient tenement is transferred (sold, inherited, or given away), benefit or burden of easement is transferred with it even if not mentioned in deed cannot be sold separately Types of Easements Easements in gross Easement in gross: easement that benefits individual or company, rather than a piece of land no dominant tenement only servient tenement (land burdened by easement) 22

24 Easements in Gross Personal vs. commercial Two types of easements in gross: personal (individual) commercial (business) Easements in Gross Personal vs. commercial Most easements in gross are commercial. Example: utility companies (power, telephone) have easement in gross to enter and install/maintain equipment Easements in Gross Personal vs. commercial Commercial easements in gross are freely assignable and transferable. but can t be for different purpose Example: telephone company can transfer easement to another phone company, but can t sell easement to sewer company for pipes 23

25 Easements in Gross Personal vs. commercial In many states, personal easements in gross can t be assigned or transferred. In California: personal easement in gross is assignable, transferable, inheritable Summary Easements Appurtenant easement Dominant tenement Servient tenement Runs with the land Easement in gross Easements Creation of easements Methods of creating easements: express grant or reservation implication from prior use or necessity prescription 24

26 Creation of Easements Express easements Express easement: created expressly and purposefully by servient tenant must be in writing may be in deed transferring property or in separate document Creation of Easements Express easements Express grant: property owner grants someone else a right to use his property in a particular way Express reservation: similar to express grant, but property owner keeps easement for himself rather than granting to another person Creation of Easements Implied easements Implied easement: presumed to exist because of certain facts that indicate parties intention to create easement not in writing arises only when property is conveyed (when person with two adjacent parcels conveys one parcel, or when person with single parcel conveys part of parcel) 25

27 Creation of Easements Implied easements Two ways implied easement may develop: implied from prior use created by necessity Creation of Easements Implied easements Easement implied from prior use: use giving rise to easement must have been occurring for long time use must be obvious from visual inspection of property at time of sale easement must be reasonably necessary to use and enjoyment of dominant tenement Example: seller doesn t grant access road easement, but one may be implied anyway Creation of Easements Implied easements Easement by necessity: must be essential to use and enjoyment of property easement permitted even if there was no use prior to conveyance Example: if conveyance leaves one parcel landlocked (no access to road), easement will be implied 26

28 Creation of Easements Easements by prescription Easement by prescription: established when someone makes use of another s property for a long time without permission Creation of Easements Easements by prescription Similar to adverse possession: must be open and notorious must be hostile or adverse to owner s interest must be continuous for certain length of time (in CA, five years) can t be created on government property Creation of Easements Easements by prescription Different from adverse possession: gives right to use property, but doesn t give title to property no requirement to pay property taxes during five-year period can be established while true owner is in possession 27

29 Creation of Easements Easements by prescription Continuous use by general public can create easement that may be used by anyone. Landowner can defeat easement creation: with sign declaring permission by recording notice declaring permission Creation of Easements Easements by prescription Once created, easement by prescription is limited to use made of property during five-year period. Example: prescriptive easement to walk across property doesn t give easement holder right to drive across property Easements Maintenance and repair Servient tenant (owner of property being used) generally has: no duty to maintain easement no duty to repair easement 28

30 Easements Maintenance and repair Easement holder (one using property) has: duty to repair and maintain easement so as not to cause injury to landowner or third party implied right to enter property to perform maintenance right to improve easement for safety or convenience (example: paving road) Maintenance and Repair Shared use When private road is shared by landowner and easement holder, parties must share maintenance responsibilities and costs. in proportion to use no duty to improve road Maintenance and Repair Maintenance agreements Parties can enter into maintenance agreement providing for different division of responsibilities. applies only to current owners 29

31 Summary Creation of Easements Express easement Easement implied from prior use Easement by necessity Easement by prescription Easements Termination of easements Easements can be terminated by: express termination implied termination termination by prescription Termination of Easements Express termination Easement is expressly terminated if termination is specified in deed or some other legal document. 30

32 Termination of Easements Express termination Express termination includes: Expiration: parties agreed to termination date when easement was created Release: owner of dominant tenement relinquishes easement in written, recorded release Automatic termination: easement terminates if/when specific event occurs Condemnation: if dominant or servient tenement is condemned, easement terminates (easement holder must be compensated) Termination of Easements Implied termination Easement may be terminated by implication, based on actions of parties or events beyond parties control. Termination of Easements Implied termination Implied termination includes: Merger: easement holder acquires ownership of servient tenement Necessity ends: easement created by necessity; necessity ends Failure of purpose: reason for easement ceases to exist Destruction of servient tenement: easement in building terminates if building destroyed 31

33 Termination of Easements Implied termination Implied termination also includes abandonment. Prescriptive easement terminates after five years of non-use. All other easements terminate only with clear, direct expression of owner s intent to abandon. non-use alone not sufficient example: statement in writing, permanent barrier Termination of Easements Implied termination Civil Code provides procedure for terminating easement not used in 20 years. Owner can bring quiet title action if, during prior 20 years: easement wasn t used at any time property taxes separately assessed against easement (if any) weren t paid no document creating, transferring, or otherwise evidencing easement was recorded Termination of Easements Termination by prescription Easement terminates if: servient tenant interferes with easement holder s use interference is open, continuous, uninterrupted for five years Example: servient tenant builds fence across easement, preventing use for five years 32

34 Easements Easements vs. licenses License: entitles someone to enter someone else s property for a specific purpose Easements Easements vs. licenses Unlike easement, license: doesn t create interest in real property not an encumbrance on landowner s title can be revoked at any time does not have to be in writing not assignable or transferable Summary Termination of Easements Express termination Implied termination Termination by prescription 33

35 Disputes Between Neighbors Common issues include: trees fences right to farm liability for water damage Disputes Between Neighbors Trees Rights depend on whether tree is: owned by one neighbor owned by both neighbors (boundary tree) Trees Trees owned by one neighbor Ownership of tree determined by location of trunk. In general: property owner owns any trees whose trunks are wholly on his land even if branches or roots extend beyond property line 34

36 Trees Trees owned by one neighbor Overhanging branches are nuisance. Neighbor may have right to trim branches to property line: no matter how ugly or unbalanced it makes tree even if branches aren t causing harm Trees Trees owned by one neighbor Invading roots are trespass and nuisance. Neighbor s rights are limited: can only trim if roots are causing harm to property (damage to pipes, patio, etc.) reasoning: harder for trees to recover from damaged roots Trees Trees owned by one neighbor Neighbor s right to self-help with roots or branches: may trim only to property line trimming must be done in reasonable manner health of tree can t be injured must get neighbor s permission if entry onto land necessary (otherwise, entry is trespass) 35

37 Trees Trees owned by one neighbor Tree owner liability: may be liable for damage to neighboring property from damaged or sickly trees or branches California law prohibits dead or dying trees on property (fire hazard) Trees Boundary trees Boundary tree: tree whose trunk straddles property line; also called line tree owned by both neighbors in common percentage of trunk irrelevant Tree can start out being owned by one neighbor and then grow into boundary tree. Trees Boundary trees Boundary trees: both owners share equally in maintenance responsibilities and liability one owner can t trim any part without other owner s permission, even if tree is causing damage 36

38 Trees Boundary trees Exception: boundary trees that are diseased, have dangerous limbs, or exceed height limits if one owner performs maintenance required by law, she can demand contribution from other property owner Disputes Between Neighbors Fences Types of fences: division fences spite fences livestock fences Fences Division fences Fence entirely on one property belongs to property owner. Division fence: fence on boundary line between properties may be responsibility of both owners 37

39 Fences Division fences In California, fence on boundary line isn t a division fence if it encloses one of the yards. owner of unenclosed yard not required to help with maintenance Fences Division fences If owner of unenclosed yard later fences in yard, may be required to pay neighbor for share of fence on boundary line. Fences Spite fences Spite fence: fence that is built to bother or inconvenience neighbor Under Civil Code, fence that unnecessarily exceeds 10 feet in height and was erected to annoy neighbor: is private nuisance may be spite fence 38

40 Fences Spite fences When determining whether fence is spite fence, court will consider: whether there s conflict between neighbors intentions of fence builder height and appearance of fence Fences Spite fences Court will also consider whether fence is serving reasonable purpose whether it: creates privacy protects children against hazard is needed to keep trespassers out Fences Livestock fences Livestock fence: fence that keeps livestock on owner s property or off others property 39

41 Fences Livestock fences In California, Civil Code designates some counties/portions of counties as chiefly devoted to grazing. In grazing counties: farmers and ranchers not required to fence animals in property owners required to fence animals out Fences Livestock fences (cont.) farmers and ranchers not liable for damage by stray animals unless property owner had good and substantial fence Good and substantial fence: fence constructed using certain materials, construction standards, and minimum heights, as determined by law Fences Livestock fences In non-grazing counties: farmers and ranchers must fence animals in 40

42 Summary Trees and Fences Boundary tree Division fence Spite fence Livestock fence Good and substantial fence Disputes Between Neighbors Right to farm Right to farm laws: protective statutes that attempt to balance needs of existing farmers in rural areas when suburbs and farms conflict gives farmers right to say I was here first Disputes Between Neighbors Right to farm Normally, smell of manure is nuisance. Under right to farm law: if farm was not nuisance when it began, then after three years of operation it cannot be considered a nuisance even if circumstances change Example: new subdivision built next to existing farm 41

43 Disputes Between Neighbors Liability for water damage Liability for damage caused by water flowing from one property to another may depend on whether water is: from man-made source (pipes, sprinklers) from natural source (rainfall, underground spring) Liability for Water Damage Man-made sources In general, landowners liable for water damage to neighboring property if source of water is manmade. even if accidental Liability for Water Damage Natural sources Surface water: water that accumulates on land from rain, snow, natural springs Common enemy rule: excessive surface water is common enemy of every landowner owner has right to protect own land, without regard for neighbors Example: Upper landowner may divert surface water away from property, even if diversion causes damage to neighbor. 42

44 Liability for Water Damage Natural sources Some states follow civil law rule: upper landowner responsible for damage caused by diverting natural run-off, if landowner interfered with natural drainage California rule: both upper and lower landowners must act reasonably Liability for Water Damage Natural sources If lower landowner acted reasonably, then upper landowner is liable for damage, regardless of whether he acted reasonably or unreasonably. But if lower landowner acted unreasonably and upper landowner acted reasonably, upper landowner won t be liable. If both parties acted unreasonably? liability unclear. Summary Right to Farm and Liability for Water Right to farm laws Surface water Common enemy rule Civil law rule California rule 43

45 Legal Aspects of Real Estate Lesson 15 Cumulative Quiz 1. A property owner's basic right to prevent other people from entering the property is known as the right to: A. use and enjoyment B. exclusive possession C. quiet title D. adverse possession 2. An activity or conduct that interferes with a property owner's use and enjoyment of her property is considered to be a/an: A. trespass B. nuisance C. easement D. attractive nuisance 3. Which of the following is considered a nuisance per se? A. An unfenced open pit B. Excessive noise C. Vandalism D. Adverse possession 4. One of the requirements for adverse possession is that the possession be continuous and uninterrupted for: A. 3 years B. 5 years C. 7 years D. 10 years 5. Adverse possession can be: A. a defense raised when a property owner brings a lawsuit against a trespasser B. the basis of a quiet title action filed to secure title to property the possessor occupies C. an incentive to encourage productive use of property D. All of the above 6. When a person possesses property with a good faith belief that he owns the land (but in reality he does not), he is said to have: A. claim of tacking B. claim of right C. color of right D. color of title 2009 Rockwell Publishing 1

46 7. The principle of tacking means that: A. an adverse possessor must pay all of the taxes on the property during the possession B. a property owner can prevent adverse possession by granting permission to be there C. the adverse possessor can share possession with the rightful owner D. a series of adverse possessors can add their periods of possession together 8. Ownership of a tree is determined by the: A. trunk B. highest branch C. location of the fence line D. owner who planted it 9. A fence on the boundary line between two properties is known as a/an: A. spite fence B. livestock fence C. division fence D. neighbor fence 10. Unlawful entry onto another person's property without permission or legal authority is considered a/an: A. easement B. trespass C. nuisance D. abatement 11. Under premises liability, a landowner is liable if someone, potentially even a trespasser, is injured when: A. the trespass is inadvertent B. the owner fails to post a sign to warn trespassers C. the injury is due to property conditions caused by the landowner's negligence D. the property is unfenced 12. The land that receives the benefit of an easement is called the: A. dominant tenement B. dominant tenant C. servient tenement D. servient tenant 2009 Rockwell Publishing 2

47 13. Which type of easement burdens a servient tenement but involves no dominant tenement? A. Appurtenant easement B. Easement in gross C. Express easement D. Dominant easement 14. An easement may be implied from: A. prior use B. necessity C. a plat map D. Both A and B 15. When someone makes long and continuous use of another's property without the permission of the owner, he has an easement by: A. necessity B. implication C. prescription D. express reservation 16. When there is an easement for two parties to share the use of a private road or driveway: A. the landowner is responsible for maintenance B. the easement holder is responsible for maintenance C. maintenance expenses must be divided in proportion to use of the road D. the dominant tenement is responsible for maintenance 17. Which of the following is NOT a way an appurtenant easement can be terminated? A. Merger B. End of necessity C. Transfer of servient tenement D. Destruction of servient tenement 18. A structure or object that extends over the property line and intrudes onto a neighbor's land is a/an: A. implied easement B. easement by necessity C. encroachment D. license 19. Activity on a single property that interferes with the general welfare of the community is a/an: A. encroachment B. private nuisance C. public nuisance D. trespass 2009 Rockwell Publishing 3

48 20. Which of the following is required for adverse possession but not for a prescriptive easement? A. continuous use for 5 years B. payment of taxes C. hostile to the owner's interests D. open and notorious 2009 Rockwell Publishing 4