Question
An environmentalist owned Windacre, an eight-acre tract in the town of Greenville which she planned to subdivide into four parcels in the future.On its western
An environmentalist owned Windacre, an eight-acre tract in the town of Greenville which she planned to subdivide into four parcels in the future.On its western border, Windacre was adjacent to Main Road, a well-maintained public road, and, on its eastern border, Windacre was adjacent to Gasacre, a two-acre tract owned by an engineer who heated his home with natural gas.Gasacre was bordered on the east by a narrow rough road on which it was difficult to drive. To the north of both Windacre and Gasacre was Sunacre, a large gated community and to the south was Cleanacre, a large development.There were no roads between Windacre and Gasacre, Windacre and Sunacre, or Windacre and Cleanacre.
Three years later, the environmentalist, for herself and her heirs, successors and assigns, conveyed a deed to the engineer for himself and his heirs, successors and assigns for a right-of-way located along the northern border of Windacre to reach Main Road.The engineer, who recorded the deed, used the right-of-way daily to travel to and from work.The environmentalist constructed windmills on each of the four proposed parcels to generate sufficient electricity for the parcel's needs.Windacre's zoning ordinances permitted use of nonrenewable and renewable energy.The environmentalist conveyed lots one through three to three purchasers sequentially.Anna Airy bought lot 1; Ben Breezy bought lot 2; and Clare Cloudy bought lot 3.Each of the deeds was promptly and properly recorded.The environmentalist retained lot 4.Lots 1 and 2 were located on the northern portion of Windacre and lots 3 and 4 were located on the southern portion of Windacre.Lots 1 and 3 were adjacent to Gasacre and lots 2 and 4 were adjacent to Main Road.A two-lane paved street connected lots 1-4 to Main Road.Each deed contained mutual covenants by each purchaser, on behalf of the purchaser, and the purchaser's heirs, successors and assigns, and the environmentalist, on behalf of herself and her heirs, successors and assigns, that the conveyed and retained parcels will not use any form of energy other than the energy generated by the windmills and that the windmills will not be demolished or left in disrepair.
Four years later, the environmentalist sold lot 4 by special warranty deed to Gale Force.Gale, who was an ardent proponent of renewable energy, was attracted to Windacre's commitment to wind energy.Gale promptly and properly recorded the deed.Five years later, Ben sold lot 2 to Icie Storm by general warranty deed with no exceptions and one year later, Icie sold lot 2 to Dave Dreary by general warranty deed with no exceptions.Both deeds were promptly and properly recorded.At about the same time, Clare leased lot 3 to Edie Envy for a three-year term.Six months later, Edie stopped using the windmill and began buying power from ElekTrick (ET) Inc., a nonrenewable power company.After Edie told Dave about the wonders of ET, Dave stopped using and maintaining his windmill and switched to ET as his energy supplier.Gale and Anna complained regularly to Dave and Edie about their refusal to use their windmills to generate energy.
One year later, Dave objected to the engineer's daily drive across his property and erected a barricade to block the engineer's access to the right-of-way.At the same time, Sola Ray, whose property in Sunacre was close to Anna's parcel, complained of severe headaches, nausea and earaches caused by the increased noise from Anna's windmill that she operates continuously.Anna had recently installed more energy efficient and larger windmill blades that produced more noise.In addition, the blades resulted in the death of many more birds whose carcasses collected on Sola's property.
The engineer, Anna, Gale and Sola have filed suits in State X which applies the applicable majority rule.Its courts have indicated that they are receptive in some areas to consider minority rules.As the law clerk to the presiding judge,memorandum that analyzes each of the following claims before the court.
- The engineer claims that Dave has no basis for blocking the right-of-way. Should the engineer's claim succeed and, if so, on what basis and what relief should the court grant?
- If the engineer is successful in his suit against Dave, Dave claims that Ben is liable to him for breach of the general warranty deed he gave to Icie, who has disappeared. Should Dave's claim succeed and, if so, on what basis?
- Anna and Gale claim that Edie and Dave have violated the covenant regarding windmills and have sought damages and injunctive relief. Should their claims succeed and, if so, what remedy is appropriate?
4. Sola claims that Anna's continuous operation of her windmill constitutes a nuisance.Does Sola have a claim for nuisance and, if so, what remedy should be granted?
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