Rick and Hava were neighbors. Hava remodeled her house and needed to install a new underground sewage line to support the increased house size.
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Get it written →Rick and Hava were neighbors. Hava remodeled her house and needed to install a new underground sewage line to support the increased house size. Due to the bedrock on her property, it was very expensive and inconvenient to connect the new sewage line to the public system. It was much more reasonable to connect to the public system by running the line under Rick’s parcel. While Rick was out-of-state for a consulting job, Hava installed her sewage line under Rick’s property without Rick’s knowledge or approval. The following year, Hava confessed to Rick that she had installed the sewage line. Being neighborly, Rick replied, “That’s okay, don’t worry about it.” Forty years later, Rick sold his property to Evan who told Hava to stop using the sewage line across his property. In most jurisdictions, can Hava continue to use the sewage line under Evan’s parcel?
Select one:a. Yes, because Hava likely gained a prescriptive easement under Evan’s parcel.b. No, because Hava’s use was not strictly necessary.c. Yes, because Hava gained an easement by estoppel under Evan’s parcel.d. No, because Hava gained a mere license, which is revocable by Evan.
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