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0 tracked cards Civil Law and Land Titles and Deeds
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Dominant estate A uses a 3-meter-wide dirt track across servient estate B to reach a public road that runs along a river. There is no express easement or recorded instrument. For more than twenty years, A and its predecessors have used the strip openly and continuously without objection from B or its successors. In 2025, B is sold to C, who blocks the strip. (a) Identify the doctrinal character of the right created by the long unrecorded use and distinguish it from a license. (b) Explain how an easement is created and what makes it binding on the servient estate, including the roles of the dominant and servient estates. (c) Apply to the facts: does the transfer of B to C affect the easement? Does the easement run with the land, and what are the possible ways to terminate or preserve it?

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Clara

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