Mila owns Lot 3. A recorded easement allows the owner of Lot 4 to run a stormwater pipe under a side-yard strip on Lot 3. Mila now wants to install a swimming pool directly over that strip. Which statement is most accurate?
Correct Answer
A) Mila may use the strip only if she does not unreasonably interfere with the easement
The servient owner keeps general ownership and may continue to use the burdened land, but only in a manner that does not materially interfere with the easement holder's rights. Building a pool over a stormwater pipe could obstruct maintenance and use, so Mila cannot use the strip in a way that defeats the easement.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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