Billionaire real estate mogul Glenn Rhee owns tow large parcels of land in Alexa

Question

Billionaire real estate mogul Glenn Rhee owns tow large parcels of land in Alexandria, VA: Greenacre and Blueacre. Greenacre is to the north and Blueacre is directly south. Both parcels of land are surrounded by protected conservation land. A state highway runs perpendicular to the properties.

Six years ago, Mr Rhee decided to leave the real estate business and open a chain of pizza restaurants called ”Maggies slice”.

Greenacre was quickly purchased by Walker Treatment Inc., which is a hazardous materials treatment center. For the past six years Walker Treatment 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. Walked Treatment Inc. uses the highway to pick up hazardous waste from all over the country and processes it at its treatment center. Occasionally, customers will transport their hazardous waste to Walker Treatment and cross over Blueacre.

Rick and Michoone grimes have decided to purchase and develop Blue acre.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. Walker Treatment Inc. has now come to the Grimes asking for easement to transport hazardous materials over Blueacre in order to reach their facility on Greenacre. After consulting their attorney, Rick and Michonne realize that Walker Treatment Inc is entitled to an “easement by necessity,” because Greenacre is landlocked and has no access to the public highway. The Grime’s have decided to grant the easement; however, they want to include clause in agreement.

Please answer all of the following:

1. Is insurance required? By Whom

2. Will there be a reduction in liability of the owner was partially at fault? (consider comparative negligence)

3. Can third parties use the easement? To what extent? How often?

4. What will cause these obligations to “trigger”? Any accident or loss? Or only if a claim is filed against the Grimes?

5. Is this easement free or is there a purchase price? How will it be paid?

Explanation / Answer

1) Yes insurance is required by Rick and Michoon grimes shopping complex because they are giving permission to transport hazardeous materials which may effect the shopping complex complex or the people working inside it.

2) No there is no reduction in the liability of owner because there will be only an aggrement of passage of transport between the them but not any legal rights will be given to Walker treatement.in that particular blue acre estate.

3) Yes third parties can use the easement only for connecting that road network to other road mnetworks for their own benefits but it is only upto certain extent.

5) The easement will always be a purchase price but the payment can be either done in the form of single settlement or monthly payment or yearly payment untill the agreement. It depends on the owners

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