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MMLU / A sculptor owned a summer cottage on a small lake. In order to facilitate the…

Problem

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question

A sculptor owned a summer cottage on a small lake. In order to facilitate the access to the cottage, the sculptor entered into an agreement with a neighbor, an adjoining land owner, whereby the neighbor, in writing, granted the sculptor a right-of-way over a strip of land 30 feet in width and a quarter of a mile in length along the eastern margin of the neighbor's property. After using the roadway for a year, the sculptor and his family moved to Europe for business reasons. The sculptor and his family have not used the cottage for 11 years because of his employment commitment in Europe. During the sculptor's absence, the neighbor constructed an access ramp to his dock, which obstructed the road to the sculptor's cottage. Upon the sculptor's return from Europe, he goes to his lakefront cottage and discovers the obstructing ramp. The sculptor initiates suit against the neighbor to compel him to remove the ramp. The court would most likely

choices

  1. hold in the neighbor's favor, because the sculptor's absence for 11 years constituted an abandonment of the easement.
  2. hold in the neighbor's favor, because the dominant owner is under an affirmative duty to notifS' the servient tenement holder of non-use.
  3. hold in the sculptor's favor, because mere non- use, however long continued, will not as a rule effectuate an abandonment.
  4. hold in the sculptor's favor, because of the validity of the agreement for the express grant of the easement.

subject

professional_law

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Source and history

task_id
8b4e8eae-9e3c-566c-92f5-3f07475b0e81
task_key
all--test--8b4e8eae-9e3c-566c-92f5-3f07475b0e81
task_revision_id
1
config / split
all / test

Official source

initial import