MBE Real Property Practice Test 2026 - Free MBE Real Property Practice Questions and Study Guide

Prescriptive easement versus prescriptive entitlement to land differ primarily in the type of interest they create. A prescriptive easement gives a non-possessory right to use someone else’s land—think of a long-used path or driveway that lets you cross the land but does not transfer ownership. In contrast, a prescriptive entitlement to land (often called adverse possession) can eventually vest title in the possessor, meaning they become the owner of the land after meeting requirements like actual, exclusive, open and notorious, adverse, continuous possession for the statutory period. So the correct statement reflects that the prescriptive easement creates a use-right without ownership, while the prescriptive entitlement to land results in ownership. The other options mix up ownership with use rights or misstate the need for a deed, which is not required to acquire these rights by prescription.