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7. The most likely result in this action is that the court will hold for
The businesswoman brought an appropriate action to terminate the easement.
Last year, as permitted by the applicable zoning ordinance, the religious group constructed a 200-bed nursing home and a parking lot on Blackacre, using all of Blackacre that was available for such development. The nursing home was very successful, and on Sundays visitors to the nursing home overflowed the parking facilities on Blackacre and parked all along the driveway from early in the morning through the evening hours. After two Sundays of the resulting congestion and inconvenience, the businesswoman erected a barrier across the driveway on Sundays preventing any use of the driveway by anyone seeking access to Blackacre. The religious group objected.
Blackacre is a large tract of land owned by a religious group. On Blackacre, the religious group erected a large residential building where its members reside. Blackacre is surrounded by rural residential properties and its only access to a public way is afforded by an easement over a strip of land 30 feet wide. The easement was granted to the religious group by deed from a businesswoman, the owner of one of the adjacent residential properties. The religious group built a driveway on the strip, and the easement was used for 20 years without incident or objection.
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The basic ways of creating an easement are by express grant, implication, and prescription. An easement by express grant is one that is recorded and signed by the grantor and must comply with all the formalities of a deed. An easement by implication is created by operation of law rather than a written instrument.
An easement, like any property interest, may be created to last in perpetuity or for a limited amount of time. Unless the terms of an easement state otherwise, it is assumed that the easement is permanent and that it will be used for the reasonable development of the dominant estate.
C is correct. In this case, the religious group is a religious organization with a large number of members living on Blackacre. Although the nursing home has increased use of the easement on one day of the week, such use (increased traffic to a religious group's facility on a Sunday) will not terminate the easement. Where the holder of the dominant estate misuses an easement by excessive use, the servient holder's proper remedy will be an injunction against further misuses or damages, not forfeiture of the easement.
A is incorrect. The remedy for increased or overuse of an easement is not termination of the easement. The businesswoman can seek damages or an injunction for the overuse of the easement, but she cannot terminate it.
B is incorrect. As explained above, damages or an injunction is the proper remedy for overuse of an easement.
D is incorrect. Self-help, in the sense of a legal doctrine, refers to individuals' implementation of their rights without resorting to legal writ or consultation of higher authority. In states where self-help is available, it will not interfere with a plaintiff's right to equitable relief.