Evan owned two adjacent 1-acre parcels, Belfastacre on the north and Dublinacre on the south. The only paved access to either parcel is by means of a road entering Belfastacre from the public street on the north side. The road extends across both parcels to the southern boundary of Dublinacre, which borders a lake. Evan used the road to build a house on Dublinacre, which commands a panoramic view of the lake to the south. The steep western slope of both parcels is connected to the public highway below by an unpaved, boulder-strewn path; the east side of both parcels is a sheer cliff face.

After living for several years in the house he built on Dublinacre, Evan built a new house on Belfastacre. Evan then conveyed Dublinacre to Neil by deed, without mentioning the road. In the deed, however, Neil agreed for himself, his heirs, and assigns, that he would not use Dublinacre for any purpose other than single family residential, and that he would not relocate the house on Dublinacre as that would obstruct Evan's view from Belfastacre. Evan continued to use the road to get to his new house on Belfastacre, and Neil also used the road to get to his house on Dublinacre.

Six months later, Evan advertised Belfastacre for sale. Todd, after visiting Belfastacre several times, purchased Belfastacre from Evan. Neither Evan nor the deed Evan gave Todd mentioned the road. Todd moved onto Belfastacre, and promptly attempted to prevent Neil's use of the road. Neil immediately consults you regarding his right to use the road. Neil also discusses with you his plans to add a garage, a small guesthouse, and a gazebo to Dublinacre, and a second story to the house to enhance the view of the lake. Neil also solicits your advice regarding his proposed expansion. Advise Neil.