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#T3BE 151 - Full Question Text for Patrons (Patreon)

Published:
2019-11-01 03:00:01
Imported:
2022-10

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Anonymous

It sounded to me like he was looking for the word 'caveat'. That would give the neighbor an enforceable right but a contract requires consideration. Estoppel requires reliance and nothing in the facts says the neighbor did anything in reliance on the license not being liable to termination. Don't know enough American law to guess at what D's referencing but if I had to guess it's probably something along the lines of actual notice letting the right carry with the land, but there was no permanent right so my money's on B.

Anonymous

The answer is B. It's not adverse possession, as others have pointed out, so D is out. It's not A: oral licenses are not necessarily invalid. It's not C, because there was no original easement the owner failed to mention. I think easements generally need to be in writing, and for something like promissory estoppel to apply the neighbor would need to have taken action based on that promise to their own detriment. More real property questions!