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Question
Dominant estate D uses a 2.9-meter-wide dirt path across servient estate S to reach a public road along a river. There is no express easement deed or recorded instrument. For more than 25 years, D and its predecessors have used the strip openly and continuously without objection from S or its predecessors. In 2026, S is sold to N, who blocks the strip. (a) Identify the doctrinal character of the right created by the long unrecorded use and explain its essential features (creation, binding effect on the servient estate, and whether it runs with the land). (b) How is easement by prescription 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 S to N affect the easement? Does the easement run with the land, and what are the possible ways to terminate or preserve it?