CA Bar 過去問分析 Feb 2021 Q5 (Real Property)

CA Barの過去問を解いて答案を公開しています！
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問題文

Ed owned a parcel of land on the north side of a rural highway. A lane　connected the highway to the small country inn Ed operated on the land. Ten years ago, Ed entered into a signed written agreement conveying a right-of-way easement over the lane to Fran, his neighbor north of his parcel. Fran operated a commercial farm with a small bunkhouse for farm workers on her land. She often used Ed’s lane to access the farm and bunkhouse from the highway.

Recently, Fran announced that she was converting her farm into a 50-lot residential subdivision and the bunkhouse to a computer server center. She informed Ed that she wanted to run new electric lines and a fiber optic cable along the lane.

Fifteen years ago, Ed and Gloria, his then-neighbor on the south side of the highway, had entered into a signed written agreement in which Gloria covenanted that she and her successors in interest would use her property only as a commercial organic garden and, in exchange, Ed would purchase produce from Gloria for use in his country inn. Soon thereafter, Gloria sold her land to Henry. Ed continued to buy produce from Henry.

Recently, Henry informed Ed that the more intense development Fran had planned for her parcel and the increased traffic along the highway justified the conversion of Henry’s garden into a combination truck stop and diner.

Ed objected to Fran’s and Henry’s intended changes and decided to sue both of them to enforce his rights.

1. What rights and interests do Ed and Fran each have in the lane, and may Fran, over Ed’s objection, carry out her plans for the lane? Discuss.
2. What rights and interests do Ed and Henry each have in the garden property, and may Henry, over Ed’s objection, carry out his plans for that property? Discuss.

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