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5. Read the following fact pattern and cases carefully. Draft a paragraph in which you synthesize the holdings of the cases. The issue that you

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5. Read the following fact pattern and cases carefully. Draft a paragraph in which you synthesize the holdings of the cases. The issue that you will address is provided as well. Facts Robert and Jane Moore live in Evanston and have to repair the gutters on their house. There is eight feet between their house and their p. 194 PRINTED BY: navina.daramdas16(@my.stjohns.edu. Printing is for personal, private use only. No part of this book may be reproduced or transmitted without publisher's prior permission. Violators will be prosecuted. neighbor's. The properties are adjoining; the neighboring Kandler house is north of the Moore house. The Moore's contractors and carpenters must enter the Kandler property to work on the gutters on the north side of the house. Mrs. Kandler is not very pleased that workers are entering her property. The Moores came to our office to find out what they should do. The Moores specifically asked if they should obtain an easement to grant them a right of way on Mrs. Kandler's property to make the repairs. Issue What legal access would allow the contractors and carpenters, repairing the gutters on the Moore house, to enter the adjoining property belonging to Mrs. Kandler? Statutory Authority Ch. 12 99: If the repair and maintenance of an existing single-family residence cannot reasonably be accomplished without entering onto the adjoining land, and if the owner of the adjoining land refuses to permit entry onto that adjoining land for the purpose of repair and maintenance of the single-family residence, then the owner of the single-family residence may bring an action in court to compel the owner of the adjoining land to permit entry for the purpose of repair and maintenance where entry will be granted solely for the purposes of repair and maintenance. CaseY The need to enter the land of an adjoining property for the purpose of making repairs to one's own property should not mandate that an easement be acquired. An easement grants a right of way, but only the landowner can create an easement. The adjoining landowner may view the repairs as a nuisance and would not grant the easement. Sometimes repairs must be performed on a single-family residence that require entering the adjoining land. Statute Ch. 12 99 was created to avoid the need to obtain an easement to enter adjoining land when the sole reason for the right of way is to make repairs on a single-family residence

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