Flashcards Studio

Parcel A benefits from a recorded easement allowing use of a private road across Parcel B. The owners of Parcel A stopped using the road for 12 years after the county built a public road on the other side of Parcel A. During that period, the owner of Parcel B planted grass over part of the private road. The owner of Parcel A once told the owner of Parcel B, "We probably will not need that old road anymore," but no written release was signed.
Later, Parcel A was purchased by a school that wants to reopen the private road for buses. Parcel B's owner argues that the easement ended by nonuse, abandonment, changed conditions, and merger because, for six months, the same property manager managed both parcels for different owners. The school also seeks to enforce a recorded covenant requiring Parcel B to remain open space, although most nearby parcels now contain commercial buildings.
Discuss whether the road easement has terminated and whether the open-space covenant remains enforceable. Address nonuse, abandonment, release, merger, changed conditions, and likely remedies.