Multistate Bar Examination Practice Question

Emily owns a parcel of land that she divides into two lots: Lot A, where she builds her home, and Lot B, which includes a garden. Lot B is landlocked and can only be accessed by crossing through Lot C, owned by Frank. Emily transfers Lot B to Grace but does not grant an easement over Lot C. Grace begins using a path through Lot C to access her garden. Based on principles of implied easements, which of the following is most likely true?

  • Grace does not have the right to use the path through Lot C since no easement was granted.

  • Grace has an express easement through the historical use of the lot C path.

  • Grace has an implied easement to access Lot B through Lot C because it is necessary for enjoying her property.

  • Grace needs to obtain a new easement agreement from Frank for continued access to Lot B.

Multistate Bar Examination
Real Property
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