Difficulty: Hard

Average Score: 49%

A neighbor is granted an easement and later builds a gravel road. Who must maintain the road?

Rationale

Neighbor must maintain the road because she holds the dominant estate.

In easement agreements, the holder of the dominant estate (in this case, the neighbor) is typically responsible for maintaining the easement, as they benefit from its use. Since the neighbor built the gravel road, it falls to her to ensure its upkeep.

A (owner because he granted easement) YOUR ANSWER

The owner who granted the easement does not hold responsibility for maintenance merely because they allowed the easement. Granting an easement does not transfer the duty of maintenance to the servient estate owner; instead, the burden of upkeep typically falls on the dominant estate holder.

B (owner because he holds servient estate) YOUR ANSWER

While the owner holds the servient estate, which allows the neighbor access, this does not obligate him to maintain the road. The servient estate owner is responsible only for not interfering with the easement's use, not for maintaining it.

C (neighbor because she holds dominant estate) CORRECT

The neighbor, as the holder of the dominant estate, is responsible for the maintenance of the gravel road. This responsibility stems from her benefit derived from the easement and is a standard principle in property law regarding easements.

D (neighbor because she paid nothing) YOUR ANSWER

The fact that the neighbor paid nothing does not exempt her from maintenance responsibilities. Ownership of the dominant estate implies the duty to maintain the easement, regardless of any financial arrangements or lack thereof.

Conclusion

In the context of easements, the holder of the dominant estate is typically responsible for maintenance duties associated with the easement. Therefore, the neighbor, who constructed the gravel road on her easement, must maintain it, as she benefits from its use. The servient estate owner does not share this obligation, reinforcing the established principles of property law.

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