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

Problem

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

question

A caterer owned a summer cottage on the lake. In order to facilitate the access to the cottage, which is located on a knoll above the lake, the caterer entered into an agreement with a neighbor, an adjoining land owner, whereby the neighbor, in writing, granted the caterer 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. Without notifying the neighbor, the caterer proceeded with his plan to improve the roadbed by having the road asphalted in order to make it more accessible for motor vehicle traffic. Several years later, the neighbor started a sand business, which required him to do heavy hauling that subsequently destroyed the asphalted surface on the road. In an action by the caterer to enjoin the neighbor's use of the road in transporting sand, the court will most likely

choices

  1. issue an injunction against the neighbor to prevent the further use of the road to haul sand.
  2. refuse to grant the caterer's prayer for relief because the servient owner continues to have the right to use his own land.
  3. issue an injunction against the neighbor unless it can be shown that the neighbor's use did not unreasonably interfere with the caterer's right of access.
  4. dismiss the cause of action because the caterer's only remedy would be monetary damages.

subject

professional_law

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Source and history

task_id
9f347e36-27fb-557d-8cfa-267411f64181
task_key
all--test--9f347e36-27fb-557d-8cfa-267411f64181
task_revision_id
1
config / split
all / test

Official source

initial import