47. A neighbor is granted an easement and later builds a gravel road. Who must maintain the road?
Answer: C
The neighbor must maintain the road because she holds the dominant estate.
In an easement situation, the party that benefits from the easement, known as the dominant estate holder, is typically responsible for its maintenance. Therefore, since the neighbor who built the gravel road holds the dominant estate, she is obligated to maintain the road.
A) Owner because he granted easement
This option is incorrect because the owner who granted the easement does not have a responsibility to maintain the road. The easement grants the neighbor the right to use the property, but it does not impose a maintenance obligation on the owner of the servient estate.
B) Owner because he holds servient estate
This choice is also incorrect. The owner of the servient estate is typically not responsible for the maintenance of an easement created for the benefit of another party. The rights and responsibilities regarding maintenance fall to the holder of the dominant estate, which in this case is the neighbor.
C) Neighbor because she holds dominant estate
This option is correct. The neighbor, as the holder of the dominant estate, is responsible for maintaining the gravel road built as part of the easement granted to her. This aligns with the general legal principle regarding easements, where the benefit of the easement comes with the responsibility for its upkeep.
D) Neighbor because she paid nothing
This statement is incorrect. The financial aspect of the easement does not determine maintenance responsibility. Even if the neighbor did not pay for the easement, she still holds the dominant estate, which includes the obligation to maintain the road.
Conclusion
The correct answer is that the neighbor must maintain the road because she holds the dominant estate, which inherently carries the responsibility for upkeep. Options A and B fail to recognize the legal distinctions between the servient and dominant estates, while Option D inaccurately connects maintenance obligations to financial transactions. Therefore, only Option C correctly identifies the responsible party in this scenario.