Chapter $24$ Assignment: Real Property Be the Attorney Assignment

Chapter $24$ deals with issues in Real Property law. After reading the chapter, please read the following prompt then draft an indemnity agreement for the following scenario:

Billionaire real estate mogul Logan Roy owns two large parcels of land in Manhattan near central park: Greenacre and Blueacre. Greenacre is to the north and Blueacre is directly south. Both parcels of land are surrounded by protected conservation land in the park. A state highway runs perpendicular to the properties.

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Six years ago, Mr$.$ Roy decided to leave the real estate business and open a chain of newspapers called "Logan's Rants."

Greenacre was quickly purchased by Lukas Matsson of GoJo Inc., which is a hazardous materials treatment center. For the past six years GoJo Inc. has crossed over Blueacre in order to reach the highway that runs perpendicular to the land. Greenacre does not have its own access to the highway. GoJo Inc. uses the highway to pick up hazardous waste from all over the county and processes it at its treatment center. Occasionally, customers will transport their hazardous waste to GoJo Treatment and cross over Blueacre.

Mr$.$ Roy has now died and left Blueacre to his children: Kendal, Roman and Siobhan Roy. Now that they have jointly inherited the land, they have plans to build a large

shopping mall and high$-$end condos near the highway to attract commuters. They are also going to construct a large sound barrier wall to help improve the ascetics of the mall and condos.

GoJo Inc. has now come to the Roy's asking for an easement to transport hazardous materials over Blueacre in order to reach their facility on Greenacre. Kendal, Roman and Siobhan Roy consult their attorney for answers:

For this assignment you are the attorney. Please write thorough responses to the Roy's questions below. How would you advise them on the following topics?

Can you please explain what an easement is in simple terms?

Do we have to grant an easement to GoJo Inc.? If so$,$ why?

Can we charge a fee for granting an easement?

Can the easement be terminated? If so how?

Are we in danger of losing our property through adverse possession? Why or why not?

As siblings and joint owners, what are our rights in the property?

What if GoJo creates a nuisance with all their trucks, fumes etc. what protections will we have?

Are there any special protections against toxic waste?