Easement Rights And Transfers

Summary

In the first scenario, George likely has an easement by necessity to cross Redacre, as Blueacre is landlocked and requires access through Redacre. In the second scenario, Oscar held an easement in gross to swim in Green Pond, which is a personal right and not transferable to Beth. Easements by necessity are typically granted when a property is landlocked, while easements in gross are personal and usually non-transferable unless explicitly stated. Understanding these distinctions is crucial in property law.

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QUESTION * *. Oscar owned Redacre, a single-family home in a large city. Oscar’s friend Carla owned Green Pond, a small freshwater lake located * miles from Redacre. Two years ago, Carla executed and delivered a written instrument to Oscar, which provided that “Oscar is entitled to swim in Green Pond forever.” The instrument complied with the Statute of Frauds, and Oscar recorded it immediately. Thereafter, Oscar swam in Green Pond whenever the weather was warm. Last month, Oscar conveyed his interests in Redacre and Green Pond to Beth. Yesterday, when Beth went to Green Pond, Carla refused to let her swim in the lake. What is the best justification for Carla’s refusal? o Oscar held a revocable license which ended when he tried to sell his interest. o Oscar held an easement in gross which was not transferable. o Oscar held an appurtenant easement which was not transferable. o Oscar never had a legal right to swim in Green Pond.
The best justification for Carla’s refusal is:
- Oscar held an easement in gross which was not transferable.
An easement in gross is a personal right to use someone else's land and is typically not transferable unless explicitly stated otherwise. Since the easement was personal to Oscar and not transferable, Beth does not have the right to swim in Green Pond.