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MMLU / A western parcel, a central parcel, and an eastern parcel are three business…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A western parcel, a central parcel, and an eastern parcel are three business lots abutting each other, with the central parcel between the other two lots. A business owner owns the central parcel in fee simple and maintains his dwelling house thereon. He has a right-of-way, granted in a written agreement, across the eastern parcel for crossing the eastern parcel on foot, by bicycle, or automobile. A landscaper is the owner of the eastern parcel. An investor owns the western parcel and conveys it to the business owner in fee simple. The business owner then builds a 15-story office building, covering the western parcel and the central parcel, which houses 6,000 persons during working hours each day. All of these persons use the right-of-way over the eastern parcel, and the business owner uses the way for delivering as many as 30 loads of supplies per day to the office building. In an action by the landscaper to enjoin the business owner and the office workers from using the right- of-way across the eastern parcel, the court will most likely hold that

choices

  1. the business owner's right-of-way would be extinguished due to excessive use by the office workers.
  2. the business owner's right-of-way would be forfeited due to the unauthorized use by the office workers.
  3. the business owner, by making use of the right-of-way beyond the scope of the original privilege, would permanently be enjoined from using the servient tenement.
  4. Although the business owner may continue to use the right-of-way, the office workers would be enjoined from making such use.

subject

professional_law

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Source and history

task_id
1c770c00-d510-5e35-8fde-57e40ab85f10
task_key
all--test--1c770c00-d510-5e35-8fde-57e40ab85f10
task_revision_id
1
config / split
all / test

Official source

initial import