Texas Surveyors Practice Exam

How is the width of a roadway established under common law?

1. By the presence of signage

2. Through public usage over time

3. Based on government standards

4. By the owner's discretion

The correct answer is: Through public usage over time

The width of a roadway established under common law is determined primarily through public usage over time, which indicates a widely accepted practice known as "prescriptive easement." This concept suggests that if a roadway is utilized by the public continuously and openly for a significant period, it can lead to legal recognition of that roadway's width and route as a public right-of-way. This principle is grounded in the idea that if a road is regularly used by vehicles and pedestrians, and this usage is evident and uncontested, the law may recognize the path as a public highway or roadway, thereby establishing its width based on historical patterns of use rather than formal measurements or governmental specifications. The other options do not align with common law principles. For instance, the presence of signage might inform users but does not determine the legal width of a roadway. Government standards could guide construction and maintenance, but they may not reflect the actual width as it is used by the public. Similarly, an owner's discretion could dictate the intended use of their property, but it cannot alter established rights stemming from years of public use without consent or compensation.