California Law!!

Essay / Short Answer Instructions: At your choice, this is either a group (of up to 5 students) or individual assignment. There is no page limitation, but you should be able to sufciently answer the questions in 2 to 3 double spaced pages, Work efciently, identifying every issue and doctrine that is relevant to the fact pattern, making sure that you tell me utilizing the IRAC method (see short video on IRAC on Canvas) for each question presented: 1. the relevant legal rules; 2. facts within the fact pattern relevant to those legal rules; 3. whether/how the facts either satisfy or do not satisfy the various elements of the legal rules. You should n_ot recite the basic fact pattern at the outset of your answer/essay. Do not spend a lot of time writing a formal conclusion at the end, even though you should indicate in the body of the essay how you think any given issue is likely to turn out. Do not be afraid to identify an issue as \"gray,\" but give me your best sense of its likely outcome. The End the Gala John Gala owns and manages an apple orchard on 200 acres of land that he owns, which he has farmed for many years. He also owns an easement in the form of a fty inch (50\") wide dirt footpath that runs across some of his neighbor Mary's land that he uses daily to quickly reach the southern 40 acres of his orchard, which he calls the Gala Block. After several years, John concludes that the Gala apples from the Gala Block of the orchard are not being economically productive at current market prices, so he stops cultivating the Gala Block and thus stops using the footpath. He continues to cultivate the remainder of his orchard, which is planted with Honey Crisp apple trees and is very protable in the current market. 1. After three (3) years of non-use of the footpath by John, the neighbor Mary's cows have badly eroded the footpath while grazing the grasses that had overgrown on it. Can Mary successfully claim that the easement has been terminated by abandonment? Explain why or why not, and what claims, if any, are available to John. (25 Points) 2. Suppose in addition to the facts above, after discontinuing his cultivation of the Gala Block, John leased it to a cider maker (\"Big Cider Co\") who tripled the production of the orchard and began using All-Terrain-Vehicles (60\" wide, gas powered) on the footpath to access the orchard daily, if not multiple times daily. How would this situation affect the respective rights of John, Big Cider Co and the neighbor Mary as to the easement? Be sure to explain the rights and obligations of each party, including the lease, change in use, etc. (50 Points) 3. Suppose John instead sold the Gala Block to a developer who cleared the Gala orchard and built several apartment buildings on the 40 acre plot and installed a fence and landscaping across the footpath easement. How would this affect the rights of the developer and the neighbor Mary as to the easement? Explain. (25 Points)