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Property Law Keyed to Dukeminier
Othen v. Rosier
Facts
A common owner (Hill) sold part of the tract where the roadway was built (100 acres) in 1896 (a servient estate), but retained 16 acres to the south, where the remaining part of the roadway was located, until 1899. In 1899, the remaining land where the roadway was situated was sold (the remainder of the servient estate.) The easement across these two properties had been used by the Hill to access adjoining part of the property (the dominant estate) that Hill also owned. Plaintiff lives on the dominant estate that uses the roadway for access to his farm. Defendant lives on the servient estate. Defendant constructed a levee that made the roadway impassable and deprived plaintiff access to his farm. Plaintiff is suing to enforce the same easement across the land of the defendant. No testimony at the trial level to establish whether the roadway was the only outlet to the public road in 1896, the time when the common owner sold the servient estate.
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