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41. Does the man have the right to stop the neighbor from relocating the easement?
Last year, the neighbor's cabin was destroyed by fire. The neighbor rebuilt the cabin in a new location, as required by the local building code, and now wants to access the cabin from the east side of the man's land. The neighbor has told the man that she plans to relocate the easement on the east side of his land at her expense. The man has told the neighbor that the easement cannot be relocated. The man's land remains vacant.
Fifteen years ago, a man who owned vacant land granted an easement over that land, by deed of gift, to his neighbor for use as a shortcut to her cabin. The deed was silent concerning the easement's location; however, the neighbor used a 15-foot strip along the west side of the man's land.
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A is incorrect. Although the location of the easement was not fixed in the deed, the location was established by the neighbor's use of the strip along the west side of the man's land. Also, the deed of gift granting the easement satisfied the statute of frauds.
B is incorrect. It is irrelevant that the neighbor only asked to relocate the easement because her cabin was destroyed by fire.
C is incorrect. An express easement may be made by a deed of gift. A deed of gift does not require any consideration between the grantee and grantor.