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

Problem

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question

A wedding planner 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 wedding planner entered into an agreement with a neighbor, an adjoining land owner, whereby the neighbor, in writing, granted the wedding planner 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 notif'ing the neighbor, the wedding planner 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. Ten years after the neighbor started his sand business, the wedding planner sold his lakefront property to an artist. Shortly after the artist took possession of the cottage and property, the neighbor erected wooden barriers across the roadway, thus obstructing the access to the artist's property. The interest that the wedding planner acquired in the access road may best be described as

choices

  1. an easement in gross.
  2. an easement implied by prior use.
  3. an easement by necessity.
  4. an express easement.

subject

professional_law

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