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39. Who will likely prevail?
Several years later, the woman sold her land. The woman made no mention of the easement, and the buyer had no actual notice of it. After the buyer took possession of the land, neighbors informed her about the pedestrian easement over the man's land, but when the buyer attempted to use the easement, the man informed her that it was no longer available and constructed a chain-link fence to block the way. The buyer promptly sued the man to establish her right to use the easement.
A man owned an oceanfront cottage. A woman owned land across the street that did not have direct ocean access. For $10,000, the man executed a deed titled «Grant of Pedestrian Right-of-Way» to the woman and «her heirs and assigns» over a designated strip of his land between the street and the ocean. The deed was never recorded.
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B is incorrect. This answer arrives at the correct conclusion using incorrect legal reasoning. The fact that the man received $10,000 is irrelevant. Here, the man granted the woman an easement appurtenant, which runs with the dominant estate.
C is incorrect. Although the buyer purchased the land without any type of notice, the easement appurtenant passed with the title to the dominant estate. The easement is for the benefit of whoever owns the land, so the buyer may still assert her right to the easement appurtenant because the easement has not terminated.
D is incorrect. The easement was appurtenant and not in gross. An easement appurtenant is commonly used to allow property owners to access land that is only accessible through a neighbor's property, which is the case here. Further, the easement was not granted to the woman in her personal capacity.