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18. Who is likely to prevail?
A landowner orally gave his neighbor permission to share the use of a private road on the landowner's land so that the neighbor could have more convenient access to the neighbor's land. Only the landowner maintained the road. After the neighbor had used the road on a daily basis for three years, the landowner conveyed his land to a grantee, who immediately notified the neighbor that the neighbor was not to use the road. The neighbor sued the grantee, seeking a declaration that the neighbor had a right to continue to use the road.
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A is incorrect. This option correctly states that the grantee will prevail, but it misstates the reason why this is so. A license is not subject to the Statute of Frauds; it may be oral, written, or implied. In this case, the neighbor had a valid license, but it was effectively revoked by the grantee.
C is incorrect. For estoppel to apply, the neighbor must have expended money, property, or labor pursuant to the agreement. In this case, the landowner alone maintained the road. The neighbor's use of the land by permission, without expense, was a license that was effectively revoked by the grantee.
D is incorrect. An open and notorious use of the road suggests a claim for an easement by prescription. However, the use was with permission, which prevents a prescriptive claim, and the use was for a very short time, which negates any possible claim based on the discredited theory of lost grant. Instead, the neighbor's use of the land was a license that was effectively revoked by the grantee.