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MMLU / Landowner's property was landlocked. He had to go to court to ask the court to…

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question

Landowner's property was landlocked. He had to go to court to ask the court to compel the adjacent landowner to give him an easement of necessity for ingress and egress to the highway. The court granted the easement of necessity to Landowner. Over a decade later, another access route to the highway opened up through public improvements. The adjacent landowner sued to stop Landowner from continuing to use his land for ingress and egress. What will the court most likely rule in this case?

choices

  1. The holder of the easement has a right to insist on its uninterrupted continuance.
  2. The easement continues because its purpose of access to the property still exists.
  3. The easement is terminated because it cannot exceed five years in length, without being formally renewed by both parties.
  4. The equities favor the termination of the easement where another route is available.

subject

professional_law

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