Ms. Rogers owns a property adjoining the property owned by Mr. Cartworth. Since her house lies behind that of Mr. Cartworth's, Ms. Rogers' driveway passes through his property. Which of the following would be true if Mr. Cartworth were to sell his property?
A) The new owner would not be obliged to let Ms. Rogers use her present driveway.
B) The new owner would not be able to cancel Ms. Rogers's nonpossessory interest in the form of the driveway.
C) Ms. Rogers would only be able to use the driveway if Mr. Cartworth expressly requests the new owner to allow it.
D) Ms. Rogers would be required to procure a license to use the driveway.

Question

Quizplus · Accepted Answer

Ms. Rogers has established an easement by necessity over Mr. Cartworth's property since her property is landlocked without access to a public road. This is a nonpossessory interest in the form of a driveway. As such, the new owner of Mr. Cartworth's property would have to honor this easement and allow Ms. Rogers to continue using the driveway.

Ms Rogers Owns a Property Adjoining the Property Owned by Mr