Crucial Exams

Multistate Bar Examination Practice Question

A property owner grants a neighbor an easement to access a beach through the owner's land. The neighbor sells their property to a new owner, who begins using the easement to shuttle large groups of tourists to the beach via bus. The original property owner objects, arguing that this exceeds the allowable use of the easement. Which of the following is the best interpretation of the situation?

  • The new owner's use is within the scope of the easement because it still involves accessing the beach by acceptable means.

  • The new owner's use of the easement to shuttle tourists exceeds the scope of the original easement because such commercial use was not intended by the grantor.

  • The property owner's objection is invalid because easements are transferable, and the new owner may use the easement consistent with its original purpose.

  • The property owner's objection is invalid because a change in ownership modifies the allowable use of the easement.

Multistate Bar Examination
Real Property
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