Write an IRAC essay for the following case: Please ignore the issues checklist, which is not needed in this exercise, shown in the video. Facts (it would be helpful to read the facts with the map): Richard and Gilbert were good friends. Richard owned lot R. Gilbert owned lot G, an adjacent parcel that had lakefront access. The lake also belonged to Gilbert. One day, Gilbert gave Richard written permission to walk across lot G along the path that lay near the southern border to get to the lake. The writing also mentioned that whoever possessed lot R can benefit from this arrangement. In 2009, Richard sold lot R to Laura. Gilbert had another neighbor Frank, who owned a boat. Gilbert told Frank that he may leave his boat on Gilbert’s lake. Frank left it there. 

One day, Gilbert said to Frank, “Take your boat out of my lake.” Frank replied, “But you gave me permission.” Having lived on lot G for many years, Gilbert decided to move. He deeded lot G to Jenny, but he knew that he would miss the lake and would want to come back frequently. Gilbert put in the deed to Jenny a provision that allowed him to come back to lot G and park his car on a specified dirt area and access the lake. In 1999, Jenny gave Richard permission to use a footpath through her rural wood for summit access. Richard then widened the path, paved it with asphalt, and installed rails and steps without telling Jenny. 

The original path was 4 feet wide, and Richard made it 8 feet wide. In 2007, Jenny saw the path and demanded Richard shrink the path back to 4 feet wide. Richard protested. Richard had a neighbor Sam, who owned lot S. Sam granted Richard a nonexclusive right of way over Sam’s property. Richard transported horses for people. His vehicles were about 14 feet high. The path Sam allowed Richard to use was 8 feet wide, about the width of Richard’s vehicles. One day, Sam built a 10-foot structure, an arch, over the path and told Richard to go around it. What are the rights of the parties? Discuss.

 

Lake dirt area summit G/J F R/L S structure proposed go-around