Robert and Majorie Wake owned land that they used as both a cattle ranch and a farm.


Robert and Majorie Wake owned land that they used as both a cattle ranch and a farm. Each spring and autumn, the Wakes would drive their cattle from the ranch portion of the operation across an access road on the farmland to Butler Springs, which was also on the farmland.
In December 1988, the Wakes sold the farm to Jesse and Maud Hess but retained for themselves a right-of-way over the farm access road and the right to use Butler Springs for watering their livestock. In 1995, the Hesses sold the farm to the Johnsons, granting them uninterrupted possession of the property ‘‘excepting only that permissive use of the premises’’ owned by the Wakes. The Wakes continued to use the access road and Butler Springs until 1996, when they sold their ranch and granted the new owners ‘‘their rights to the water of Butler Springs,’’ but they said nothing about the access road. The ranch was subsequently sold several times and all the owners used the access road and watering hole. In 2010, the Nelsons purchased the ranch. Shortly thereafter, the Johnsons notified the Nelsons that they had revoked the Nelsons’ right to use the access road and Bulter Springs. In 2011, the Johnsons closed the access road by locking the gates across the road. The Nelsons brought this action, claiming easements to both the access road and Butler Springs. Does an easement in favor of the Nelsons exist? Why?

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Smith and Roberson Business Law

ISBN: 978-0538473637

15th Edition

Authors: Richard A. Mann, Barry S. Roberts

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