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0 tracked cards Civil Law and Land Titles and Deeds
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Dominant estate Lot M (owner: Jade) holds a private easement of passage across Servient estate Lot N (owner: Leo) to reach a public road. The grant limits use to ingress and egress and expressly prohibits parking, storage, or any other use of the strip. For the past six months, Jade has parked a large delivery truck on the easement for extended periods, installed a canopy and lighting, stored lumber and tools, and routinely operates a small crane to move materials along the strip, including at night. The activity blocks Leo’s driveway, generates persistent noise and vibration, and damages Leo’s driveway and adjacent yard. Leo sues Jade for damages and seeks injunctive relief, invoking abuse of right under Article 19 of the Civil Code. (a)Identify the doctrine applicable and the governing rule. (b)Distinguish the elements of abuse of right from other misfeasance concepts in Civil Law. (c)Apply the doctrine to these facts: does Jade’s conduct constitute abuse of right? Why or why not? What remedies are available to Leo?

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Clara

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