Florida Real Estate Practice Exam

Gene and Alex bought a property that backed up to a neighborhood park. The previous owner mentioned that ever since the park was built eight years ago, the next door neighbor who works at the park has cut through the yard to get to the park rather than going around via the streets, which saves about half a mile. What kind of easement is this?

1. Easement by prescription

2. Easement in gross

3. Express easement

4. Visible easement

The correct answer is: Easement by prescription

A Incorrect. Easement by prescription is obtained through use of another's land without interference for the necessary time period set by law, while in this case, the neighbor had permission from the previous owner to cut through the property. B: Incorrect. An easement in gross is a personal interest in or right to use someone else's land, and in this case, the neighbor does not have a personal interest in the property. C: Incorrect. An express easement is created through a written agreement or deed, and in this case, there is no evidence of a written agreement between the previous owner and the neighbor. D: Incorrect. A visible easement is one that can be easily seen and is apparent to others, and the neighbor cutting through the property is not a visible use of the land.