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Social Studies, 23.07.2019 06:10 nae467

Alandowner owned a beachfront lot and home in a subdivision occupying several hundred acres near a lake. the recorded subdivision plan grants to each owner in the subdivision an easement to use the private roads therein for personal ingress and egress. following seismic activity in the area, the level of the lake dropped substantially, exposing a considerable amount of land between the new shoreline and the old beachfront. it was judicially determined that this "new" land belonged to the county, which put portions of it up for sale. the landowner purchased the land extending from her old property line to the new shoreline, and constructed a boat launching ramp on the new property. she then permitted persons who did not own land in the subdivision to drive through her old property to reach the boat launching ramp on her new property, and thus to utilize the lake, for a small fee. the homeowners' association brought suit against the landowner, seeking to enjoin her from using or permitting nonresidents of the subdivision from traveling its streets to reach the boat launching ramp. how should the court rule? a for the homeowners, because the scope of the easement granted to the landowner as an owner in the subdivision does not extend to the use that she is making of the new property. b for the landowner, because she has an express easement over the streets of the subdivision. c for the landowner, because she has an easement by necessity as to the new property over the streets of the subdivision. d for the landowner, because she has an implied easement over the streets of the subdivision benefiting the new property since it abuts her old property.

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