Question
Elisa and Juan are married and have seven children together. After 12 years of marriage, they decide to divorce. Elisa takes full custody of the
Elisa and Juan are married and have seven children together. After 12 years of marriage, they decide to divorce. Elisa takes full custody of the children, who are all under the age of 10. To make things easier on the children, Juan purchases a house located on property behind Elisa. Because of the way the subdivision is laid out, Juan's house is at the very back of the subdivision. He must drive over a mile each time he picks the children up. Elisa agrees to build a short drive from the back of her house to Juan's property line. He is only allowed to use the drive to pick up the children. However, he discovers it to be a quick exit to the subdivision and begins using it all of the time. Elisa attempts to end his use entirely and is told by the court he may still use it to pick up the children. What easements, if any, exist. What is the dominant and servient tenements and whether the easements are affirmative or negative.
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