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Author Question: Easements. Moses Webster owned a parcel of land that extended down to the Atlantic Ocean. He ... (Read 85 times)

Charlie

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Easements. Moses Webster owned a parcel of land that extended down to the Atlantic Ocean. He conveyed the strip of the property fronting the ocean to another party. The deed in-cluded the following statement: Reserve being had for said Moses Webster the right of way by land or water. The strip of property is now owned by Margaret Williams, and the portion re-tained by Webster now belongs to Thomas O'Neill. Williams is denying O'Neill access to the ocean. O'Neill has brought an action to establish his title to an easement over Williams's property. What should the court decide? Discuss fully.

Question 2

According to the U.S. Chamber of Commerce, workers under the influence of alcohol or other drugs are times more likely to suffer an injury or cause one than someone else.
 a. 10 b. 2
  c. 3.6 d. 15.7 e. 25



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kswal303

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Answer to Question 1

Easements
O'Neill wins. The court held that Webster clearly intended that the easement across the land conveyed should benefit the land he retained. Otherwise, access to the water was cut off by the conveyance, appreciably diminishing the value of the retained land. Therefore, an easement appurtenant was created by the language of the deed, and the property now owned by O'Neill carries the easement along with it.

Answer to Question 2

c





 

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