Flashcards Studio

Seller owned Hill Parcel and Meadow Parcel as one tract. For 15 years, Seller used a visible gravel road across Hill Parcel to reach a barn on Meadow Parcel and used an underground water line running under Hill Parcel to supply the barn. Seller then conveyed Meadow Parcel to Buyer by a deed that did not mention access or utilities. At the time of the conveyance, Meadow Parcel had no direct access to a public road because steep cliffs bordered three sides and Hill Parcel bordered the fourth. Buyer used the road and water line for two years without objection.
Seller later sold Hill Parcel to Neighbor. Neighbor discovered that Buyer's deed contained no easement and blocked the road. Buyer seeks an injunction permitting continued use of the road and water line. Buyer also wants to use the road for heavy delivery trucks serving a new event venue Buyer plans to build on Meadow Parcel.
Discuss Buyer's rights. Address easement by necessity, easement implied from prior use, the relevance of the missing deed language, the likely scope of any easement, and whether the proposed event-venue truck traffic changes the result.