a. How would you rule? b. Does this mean that the Tropes have to tear down their
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b. Does this mean that the Tropes have to tear down their house?
c. What issues might arise in enforcing the injunction?
d. Would the easement permit the Johnsons to park a tall mobile home or bus on the easement property?
A couple owned two adjoining lots in Vail Village, Colorado, lots 9 and 7 the couple sold lot 7 to a buyer, keeping an easement on part of lot 7. The easement allowed the owner of lot 9 to use the designated part of lot 7 for parking private, noncommercial vehicles. The couple later sold lot 9 to the Johnsons, and the owner of lot 7 sold it to the Tropes.
The Tropes built a house on lot 7, cantilevering it over part of the easement property. They landscaped their lot, raising the level of the easement property. Between the cantilevered house and the raised landscaping, it became impossible for the Johnsons to drive a car onto their easement property. The Johnsons sued, seeking to enjoin interference with their easement.
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Business Law and the Legal Environment
ISBN: 978-1285860381
7th edition
Authors: Susan S. Samuelson, Jeffrey F. Beatty
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