Bar Exam Uniform Quiz
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FOUNDATIONAL SKILLS
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Your client owns a parcel of land that became landlocked when the county built a new highway, cutting off the historic access road. Your client has sued the neighboring landowner for an easement by necessity over the neighbor's property, which provides the only possible access to a public road. The neighbor has moved for summary judgment, citing the controlling case of Harrison v. Wells. In Harrison, the court denied an easement by necessity because, at the time the properties were severed from common ownership, the original owner had failed to reserve an easement. The Harrison court stated, "An easement by necessity arises from the presumed intent of the parties, and that presumption is defeated when the need for the easement is created by the landowner's own actions or omissions long after the severance of title."
What is your client's best argument to distinguish the Harrison precedent? Select one.
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