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MMLU / A seller sold the eastern two-thirds of his land to a buyer, who soon thereafter…

Problem

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question

A seller sold the eastern two-thirds of his land to a buyer, who soon thereafter constructed a house there. One year later, the buyer cleared a path from her home across the seller's retained land to a road that abuts the western boundary of the seller's land. The seller stood by and watched the buyer clear the path, but made no objection. This path is very convenient to the buyer's use of her land, and the buyer used it daily for several months. The path is readily apparent to anyone. Recently, the seller put a barrier across the path. The buyer now has brought an action to have the barrier removed. The theory giving the buyer her best chance of success would be that

choices

  1. the buyer has an easement by necessity. This would depend on the strength of the court's feeling about the use of the laid.
  2. the buyer has an easement by implication. This would depend on whether the convenience was sufficiently strong to amount to "reasonably necessary. "
  3. the buyer has an easement by prescription. This would depend on the length of time she used the path prior to the erection of the barrier.
  4. the buyer has an express easement.

subject

professional_law

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