In 1980, Owens, the owner of Blackacre, granted an easement to Murdale Water District ("MWD"') "to install, inspect, repair, maintain, and replace pipes" within a properly delineated strip of land 20-feet wide across Blackacre. MWD promptly recorded the deed granting the easement. One year later, MWD installed a water pipe that crossed Blackacre within the described strip. MWD has not entered Blackacre since 1980. In 1990 Owens sold Blackcare to Peterson, but the deed failed to refer to the MWD easement. Peterson built his home on Blackacre in 1995, and since that time Peterson has planted and maintained, at great expense in money, time, and effort, a formal garden area which covers, among other areas, the surface of the 20-foot easement granted to MWD. In 2015, MWD proposed to excavate the entire length of its easement in order to inspect, repair, and replace the pipes. Peterson objected to MWD's plans and filed suit seeking an injunction against MWD and its proposed entry upon his property. Peterson's suit seeking an injunction will likely a-succeed, because Peterson's deed from Owens did not mention the easement. b-succeed, because the easement has been abandoned since so many years have passed since MWD last entered Blackacre. c-fail, because MWD's plan is within its rights. d- fail, because MWD's plan is fair and equitable.

Answer rating: 100% (QA)

In this scenario Peterson the current owner of Blackacre purchased the property from Owens in 1990 a... View the full answer