Question 72

Yes, it continues regardless of any change in ownership.

The right of use for the driveway continues for both properties after Baker's death, indicating that the shared access is not dependent on the ownership of the individual property owners.

A) Yes, it continues regardless of any change in ownership.

This option is correct because the shared use of the driveway as indicated in the context implies that it is an established right that persists even after the death of one of the property owners. Such rights are typically preserved for the benefit of the properties involved, ensuring access remains intact.

B) Yes, it is an easement in gross which is always transferable.

This option is incorrect because while easements in gross are indeed transferable, the question does not specify that the driveway is an easement in gross. Instead, it hints at a mutual agreement or understanding regarding shared use, which may not adhere strictly to the characteristics of easements in gross.

C) No, it is an encroachment that does not transfer.

This option is incorrect since the driveway is not characterized as an encroachment. Encroachments typically refer to unauthorized use of another's property, whereas the context indicates a mutual agreement for shared use, thereby allowing the right of access to continue.

D) No, it terminates upon Baker's death.

This option is incorrect as it contradicts the premise that shared property rights continue after one owner’s death. The driveway's usage is likely established on mutual agreement, meaning it persists beyond the life of either owner.

Conclusion

The correct answer, A, highlights the continuity of shared rights to the driveway, reflecting fundamental property law principles regarding shared access. All other options misinterpret the nature of the agreement or the type of property right involved, failing to recognize that such rights are generally meant to endure beyond individual ownership changes.