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Thank you for visiting Assume the following facts for this question only In 1965 Dooley constructed a driveway from Looney Lane over what is now Parcel 2 This driveway. This page is designed to guide you through key points and clear explanations related to the topic at hand. We aim to make your learning experience smooth, insightful, and informative. Dive in and discover the answers you're looking for!

Assume the following facts for this question only:

In 1965, Dooley constructed a driveway from Looney Lane over what is now Parcel 2. This driveway, which extended over Parcel 1 where it connected with Lincoln Boulevard, was used continuously by Dooley until 1997 when he conveyed his property to Perez and Eagleson. When Eagleson took possession of Parcel 2, he immediately began to use the driveway across Parcel 1. Thereafter, Perez requested that Eagleson cease to use the driveway over Parcel 1. After Eagleson refused, Perez brought an appropriate action to enjoin Eagleson from using the driveway.

In this action, Perez will:

A. Win, because his deed antedated Eagleson's deed.
B. Win, because no encumbrances were mentioned in his deed.
C. Lose, because Eagleson has an easement by necessity.
D. Lose, because Eagleson has a prescriptive easement.

Answer :

Final Answer:

In this case, Perez is likely to lose because Eagleson may have a prescriptive easement, thus the correct option is C.

Explanation:

The situation described presents a legal question related to property rights and easements. A prescriptive easement typically arises when someone uses another person's land without permission continuously and openly for a specified number of years, which varies by jurisdiction.

Here, Eagleson began using the driveway across Parcel 1, which is now owned by Perez, and Perez requested that Eagleson cease using it. Since Perez did not prevent Eagleson's use of the driveway for an extended period, Eagleson may argue that he has acquired a prescriptive easement, which is a legal right to use the property.

If the elements required for a prescriptive easement are met, Perez is likely to lose his action to enjoin Eagleson from using the driveway. The specific outcome may depend on local laws and the duration of Eagleson's use of the driveway.

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