Case summary: A two-story home was sold by person W and person EB to a person VS, in Roche, Maine. The deed of warranty did not specify the covenants which will be involved in the Conveyance. There was a public park adjacent to the property that included the famous frisbee golf court. The deed allowed the Roche citizen, the right to walk on the public trail in the park. Teens regularly threw frisbee on the walking path that is behind VS’s land. He shouted and demanded that the teenagers should not throw the objects on his land.
To find: The right of the Roche citizen to walk across VS’s land on the trail.
Explanation of Solution
An easement is a right given to an individual to use the piece of land that is adjacent to the property which is owned by another person. It is an interest in the land that is not transferable and is not for the use of a specified person.
In the above case, the land of VS was adjacent to the park which included a frisbee golf course. The use of the walking path is an easement right of the citizens of the state that is guaranteed by the deed. VS cannot restrain the citizens from walking on the easement.
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