Question
1. Danetta Garfink owns a condominium unit at The Cloisters at Charles Condominiums. Garfink purchased her unit (one of the model units) in 1991 during
1.Danetta Garfink owns a condominium unit at The Cloisters at Charles Condominiums. Garfink purchased her unit (one of the model units) in 1991 during the development and construction phase of the project. The original construction included installed household appliances in each unit, a clothes dryer among them. As originally installed, the clothes dryer was connected and vented into the furnace room, rather than to the outside of the building, contrary to the terms of the construction contract, and in violation of prevailing building codes and regulations. In 2000, the clothes dryer malfunctioned and Garfink purchased a replacement from Sears, Roebuck & Co. After viewing the existing vent system, however, Sears refused to install the replacement because a "fire hazzard [sic] was identified."
Garfink took it upon herself to have the venting system rerouted. The new system was routed from the dryer through the wall of the laundry room into the adjoining garage, then through the garage and then the exterior wall. Garfink's immediate neighbor, Dr. Oscar Kantt, found that the new vent was within 17 feet of the front door of his residence, and Dr. Kantt complained about the discharge. Garfink says she has an easement for the dryer vent. Analyze whether she does have an easement. Be sure to think through the types of easements. [Garfink v. Cloisters at Charles, Inc., 897 A.2d 206 (Md. 2006)]
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