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1. Judgment should be for
Two adjacent, two-story, commercial buildings were owned by a businessman. The first floors of both buildings were occupied by various retail establishments. The second floors were rented to various other tenants. Access to the second floor of each building was reached by a common stairway located entirely in Building 1. While the buildings were being used in this manner, the businessman sold Building 1 to a friend by warranty deed which made no mention of any rights concerning the stairway. About two years later the businessman sold Building 2 to a co-worker. The stairway continued to be used by the occupants of both buildings. The stairway became unsafe as a consequence of regular wear and tear. The owner of Building 2 entered upon Building 1 and began the work of repairing the stairway. The owner of Building 1 demanded that the owner of Building 2 discontinue the repair work and vacate Building 1. When the owner of Building 2 refused, the owner of Building 1 brought an action to enjoin the owner of Building 2 from continuing the work.
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A is incorrect. The holder of an easement has the right to enter the land to make repairs to that easement.
B is incorrect. This answer choice is irrelevant to the facts presented; the question does not indicate that the normal life of the existing buildings has expired.
D is incorrect. The owner of Building 2's rights with regard to the stairway are not unlimited (he may not «take whatever action is necessary»).