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Question
In 1900, Fred received an express easement by grant which allowed "travel over Gary's land Farmacre in perpetuity" to reach Fred's land Ranchacre. In 2000, Paula obtained title to Farmacre. Between 2000 and the present, no one used the easement over Farmacre because there is better access to Ranchacre by another road. Tanya now purchases Ranchacre. Tanya plans to develop a ranch-oriented resort on the land, which will include an elevated tram system that would allow visitors to travel 50 feet over the surface of Farmacre, suspended by ten towers to be built on that land. Which of the following is correct? The easement language will not be interpreted to include an elevated tram system. Tanya cannot use the easement to support a more intensive use of Ranchacre than the use that existed in 1900. The easement has been terminated by adverse possession. The easement has been terminated by abandonment.
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