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MMLU / A womam owned a farm. She granted to a neighbor, the owner of an adjacent tract,…

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question

A womam owned a farm. She granted to a neighbor, the owner of an adjacent tract, an easement of way. The woman then went to Japan to live. The neighbor then moved into possession of the farm and used it openly and exclusively, paying the taxes for 23 years. He did not use his easement during that period. The woman returned and tried to evict the neighbor from the farm. The court held that the neighbor had acquired the farm by adverse possession. The neighbor then sold the farm back to the woman, who then put a chain across the easement. The neighbor has now brought an action to remove the chain. In most jurisdictions, the neighbor will

choices

  1. lose, because he abandoned his easement.
  2. lose, because he did not use his easement for the statutory period of 20 years.
  3. lose, because, rather than using his easement, he used all of the farm.
  4. win, because mere non-use of an easement does not extinguish it.

subject

professional_law

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Source and history

task_id
31860157-24a3-5f22-8465-6cdcfd42f578
task_key
all--test--31860157-24a3-5f22-8465-6cdcfd42f578
task_revision_id
1
config / split
all / test

Official source

initial import