Adjuasement Case Studies

Satisfactory Essays
Chap 4, problem 2. I: Should the Plaintiff be allowed to claim a easement by implication , even though the Plaintiff sold the land to the defendants (Larry Manns & others) upon which the easements is claimed? R: An easement may be implied by prior use even if the conveyor of a parcel, which was once contiguous, is the claimant of the easement. A: Granite Properties Limited Partnership (Plaintiff) brought suit against Larry and Ann Manns (Defendants) to permanently enjoin Defendants from interfering with the use of two driveways to which Plaintiff claims easements. There are two types of implied easements here. The easement by necessity and the easement implied from pre-existing use. The eaasement by necessity is a stretch in this case because
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