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MMLU-Pro / 1481 / A chef owned a summer cottage on the lake. In order to facilitate the access to…

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question

A chef owned a summer cottage on the lake. In order to facilitate the access to the cottage, the chef entered into an agreement with a neighbor, an adjoining land owner, whereby the neighbor, in writing, granted the chef a right-of-way over a strip of land 30 feet in width and a quarter of a mile in length along the eastern margin of the neighbor's property. Without notifying the neighbor, the chef proceeded to improve the roadbed by having the road asphalted in order to make it more accessible for motor vehicle traffic. Several years later, the neighbor started a sand business, which required him to do heavy hauling that subsequently destroyed the asphalted surface on the road. Ten years after the neighbor started his sand business, the chef sold his lakefront property to his assistant. Shortly after the assistant took possession of the cottage and property, the neighbor erected wooden barriers across the roadway, thus obstructing the access to the assistant's property. The assistant's strongest argument in an action against the neighbor for removal of the barriers, which are obstructing his access to the property, would be that

category

law

options

  1. the neighbor's sand business constitutes a misuse of the easement.
  2. the chef's improvements to the roadbed grant him additional rights to the easement.
  3. the chef and the assistant, being in privity of estate, could "tack on" their successive use periods.
  4. an easement appurtenant is alienable in that any conveyance transferring possession of the dominant tenement also passes the easement privilege.
  5. the assistant, as a bonafide purchaser, is protected from the neighbor's obstruction, even though the easement was unrecorded.
  6. because the easement was created by implication, the chef's prior and continuous use gave rise to a prescriptive easement.
  7. the assistant has a legal right to improve the easement for his own use.
  8. the assistant is entitled to compensation for the damage caused by the neighbor's sand business.
  9. the assistant can claim ownership of the easement due to his long-term use of the property.

src

ori_mmlu-professional_law

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