The last owner of the land pays good value and having taken


Under the same facts and diagram as above, assume that B sells his land to C, who in turn wills it to D. After A dies, his heirs inherit the land and wish to enforce the easement against D.

What are the rights of the A's heirs against D?

options:

1) A's heirs can enforce the easement because easements appurtenant run with the land.

2) A's heirs can only enforce the easement if they have used it for 30 years.

3) D can keep A off the easement because D never agreed to the creation of it.

4) D has a remainder interest and can keep A's heirs out.

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Dissertation: The last owner of the land pays good value and having taken
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