The correct answer is: (D) Yes, because she purchased the dominant estate and acquired all the rights that belonged to the artist.
The artist had an express easement appurtenant by grant, which transferred to the waitress. An express easement appurtenant requires a dominant and servient tenement. The artist gained an easement for purposes of ingress and egress across the writer's yard. Artist's easement was the dominant estate because the easement benefited the artist in the use of his property. Conversely, the writer had the servient estate because his land was burdened by the easement. Transfer of title to a dominant estate includes the transfer of any easements appurtenant attached to the estate, regardless of whether the instrument of transfer expressly mentions the easement. A driveway for ingress and egress to and from the parcel is clearly appurtenant, since it is attached to a piece of land and benefits the owner of such land in her use and enjoyment thereof. As the purchaser of the dominant estate, the waitress has acquired the appurtenant easement and will prevail in her effort to compel the pharmacist to remove the obstruction.
(A) Incorrect. No, because the artist's, and, thus, the waitress', continued use of the easement was permissive, and permission could be withdrawn at any time.
The artist had an express easement appurtenant by grant, which passed to the waitress when she purchased his property. There are no facts indicating the language creating the easement in the deed was conditional or permissive. Once granted, it cannot be withdrawn by a change of heart of the current owner of the servient estate.
(B) Incorrect. No, because the conditions for the creation of an easement by necessity cannot be met.
The waitress' purchase of the artist's lot included the express easement rights created by the writer, who granted an express easement appurtenant in favor of the artist's lot. The transfer of title to the dominant estate includes the transfer of any easements appurtenant attached to the estate, regardless of whether the instrument of transfer expressly mentions the easement. A driveway for ingress and egress to and from the parcel is clearly appurtenant, since it is attached to a piece of land and benefits the owner of such land in her use and enjoyment thereof. As the purchaser of the dominant estate, the waitress has acquired the appurtenant easement and will prevail in her effort to compel the pharmacist to remove the obstruction. There is no need for the waitress to prove an easement by necessity. Additionally, there are no facts available regarding the relevant statutory period required for prescription.
(C) Incorrect. Yes, because the deed from the writer to the artist created an easement in gross.
An easement is in gross when it is intended to benefit the owner or possessor personally rather than in connection with any land owned. In other words, every easement in gross requires only one piece of land (i.e., the servient tenement) that is owned by a person other than the owner of the easement in gross. The land encumbered by the easement is called the servient because it is the land is burdened by the easement. There is no dominant tenement. In this case, however, the easement is appurtenant because it is attached to a piece of land and benefits the owner of such land in her use and enjoyment thereof.
