1. David has a driveway easement over Carol’s property. By the terms of the ease
ID: 427379 • Letter: 1
Question
1. David has a driveway easement over Carol’s property. By the terms of the easement, the driveway easement expired six months ago. David continues to use the driveway easement. Can Carol sue David for trespass?
2. A farmer friend of Bill’s gives him oral permission to fish in a pond located on his farm. Bill fishes in the pond for several years. The farmer sells the farm. The new owner sees Bill fishing and asks him to leave. The new owner tells Bill that he cannot fish in the pond. Does Bill have some legal right to continue fishing in the pond? If Bill does try to fish in the pond, can the new owner sue him for trespass? Explain your answers.
Explanation / Answer
1. Carol can not go directly sue against David in this case. Initially he need to be inform about the agreement, and the tenure is over, so that do not use the driveway easement. If still David continues in the same way and manner, they Carol can go with sue.
2. Bill do not have any right to go for fishing in the pond now. Because the owner is changed and the ownership is transformed from his friend to some one else. Now the new owner have all the rights about the pond, the old one do not have right. Hence, Bill do not have any right to go by fished in the pond, if still Bill continues the same, the new owner can go for sue against Bill.
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