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MMLU / A teacher is the owner in fee simple of a seven-acre quarry, on which he…

Problem

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

question

A teacher is the owner in fee simple of a seven-acre quarry, on which he maintains a dwelling house for himself and his family. Adjoining the quarry to the west is a 10-acre ranch, owned by a librarian. In order to gain access to the highway, the teacher has been granted an easement to cross over the ranch using the road along the ranch's southernmost boundary. The teacher has recently purchased a 12-acre farm, which abuts the ranch, but is not appurtenant to the quarry. Directly north of the farm is the ranch and directly west is the highway. The teacher has begun constructing a farmhouse on the farm and is using the existing easement (across the ranch) to gain access to the 1 2acre farm. The teacher has never received permission from the librarian to use the road across the ranch to gain access to the farm. In an appropriate action by the librarian to enjoin the teacher from using the existing easement to gain access to the farm, the plaintiff will most likely

choices

  1. succeed, because the teacher is making use of the servient tenement beyond the scope and extent of the easement as it was originally created.
  2. succeed, because the teacher has no right to use the servient tenement in connection with a tract of land that is not part of the dominant tenement.
  3. not succeed, because the teacher has an easement by necessity.
  4. not succeed, because the teacher has a right to use the easement in a manner not inconsistent with the rights of the owner of the servient tenement.

subject

professional_law

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Source and history

task_id
2c779ba7-d2db-5d61-9078-e3449855ef8d
task_key
all--test--2c779ba7-d2db-5d61-9078-e3449855ef8d
task_revision_id
1
config / split
all / test

Official source

initial import